Members of the joint parliamentary committee<\/a> have raised several concerns on the proposed privacy law, primarily centred around the government<\/a>’s powers to access citizen data<\/a> without consent, inclusion of non-personal data in the new law, and the absence of judicial participation in selecting the head of the regulatory body, according to people familiar with the matter. 的成员联合议会委员会提出了隐私法提出了几个问题,主要集中在吗政府访问的权力公民的数据不同意,非个人数据纳入新的法律,以及缺乏司法监督管理机构负责人参与选择,据知情人士透露。
The members are also split over the critical issue of whether data should be localised in India.
The 30-member JPC<\/a> was constituted last year to examine the Personal Data Protection Bill, 2019. Ruling Bhartiya Janata Party MP Meenakshi Lekhi<\/a> chairs the committee and has held more than 30 meetings with industry, government bodies and think-tanks. The committee has concluded depositions from stakeholders and its members have now begun clause-by-clause discussions on the bill.
A senior member of the JPC from an opposition party suggested that Section 35 of the bill, which allows the Centre to exempt its agencies from some or all provisions of the bill for national security and public order, should be granted only if it is necessary, proportionate and when public interest outweighs breaching the right to privacy.
Similar concerns were voiced by other members who said such processing of personal data should not be permitted unless it is authorised pursuant to a law, as recommended in the original draft of 2018.
Some members want the section to be deleted, arguing that it can be subject to government abuse and it runs contrary to the Puttaswamy judgment that deals with the Right to Privacy. Justice BN Srikrishna, who led the committee that drafted the bill, has already warned that government exemption is dangerous and can turn India into an Orwellian state. Most of the MPs who spoke to ET did not wish to be identified.
Asked about the concerns raised on Section 35, Lekhi told ET, “Entire enactment and the scheme of the act need to be read together. The principles are all there and the gaps, if any, will be addressed. The interest of everyone is common, which is we need to protect the interests of India, Indians and their privacy.”
Several opposition leaders pushed for more judicial representation in selecting Data Protection Authority<\/a> chairperson. Currently, as proposed, the selection panel consists of only government representatives. Members want to include the Chief Justice of India, a judge of the Supreme Court, a retired high court judge, opposition leaders and independent industry experts on the panel.
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成员也分歧的关键问题在印度是否应该本地化数据。
的30JPC去年构成检查个人数据保护法案,2019年。裁决Bhartiya人民党议员米纳克希Lekhi该委员会主席,并举行了30多个会议产业,政府机构和智库。从利益相关者委员会得出的口供和其成员已经开始进行逐条讨论该法案。
其他成员也表达了同样的担忧,他们说,这样的处理个人数据不应该被允许,除非依照法律授权,推荐在2018年最初的草案。
想要删除的部分,一些成员认为它可以受到政府滥用和它运行相反Puttaswamy判断,涉及隐私的权利。正义BN Srikrishna领导委员会起草法案,已经警告说,政府豁免是危险的,可以把印度变成一个奥威尔式的状态。大多数的议员说不愿透露姓名。
问及35节的担忧,Lekhi告诉ET,“整个法案的制定和计划需要一起读。原则都有差距,如果有的话,将会解决。每个人都共同的利益,我们需要保护的利益,印度,印度人,他们的隐私。”
一些反对派领导人推动司法代表选择数据保护机构主席。目前,提议,选择面板只由政府代表。成员要包括印度的首席法官,法官的最高法院,一名退休的最高法院法官,反对派领导人和独立的行业专家小组。
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Members of the joint parliamentary committee<\/a> have raised several concerns on the proposed privacy law, primarily centred around the government<\/a>’s powers to access citizen data<\/a> without consent, inclusion of non-personal data in the new law, and the absence of judicial participation in selecting the head of the regulatory body, according to people familiar with the matter.
The members are also split over the critical issue of whether data should be localised in India.
The 30-member JPC<\/a> was constituted last year to examine the Personal Data Protection Bill, 2019. Ruling Bhartiya Janata Party MP Meenakshi Lekhi<\/a> chairs the committee and has held more than 30 meetings with industry, government bodies and think-tanks. The committee has concluded depositions from stakeholders and its members have now begun clause-by-clause discussions on the bill.
A senior member of the JPC from an opposition party suggested that Section 35 of the bill, which allows the Centre to exempt its agencies from some or all provisions of the bill for national security and public order, should be granted only if it is necessary, proportionate and when public interest outweighs breaching the right to privacy.
Similar concerns were voiced by other members who said such processing of personal data should not be permitted unless it is authorised pursuant to a law, as recommended in the original draft of 2018.
Some members want the section to be deleted, arguing that it can be subject to government abuse and it runs contrary to the Puttaswamy judgment that deals with the Right to Privacy. Justice BN Srikrishna, who led the committee that drafted the bill, has already warned that government exemption is dangerous and can turn India into an Orwellian state. Most of the MPs who spoke to ET did not wish to be identified.
Asked about the concerns raised on Section 35, Lekhi told ET, “Entire enactment and the scheme of the act need to be read together. The principles are all there and the gaps, if any, will be addressed. The interest of everyone is common, which is we need to protect the interests of India, Indians and their privacy.”
Several opposition leaders pushed for more judicial representation in selecting Data Protection Authority<\/a> chairperson. Currently, as proposed, the selection panel consists of only government representatives. Members want to include the Chief Justice of India, a judge of the Supreme Court, a retired high court judge, opposition leaders and independent industry experts on the panel.
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