In a significant stride towards safeguarding digital privacy, the Lok Sabha, India’s lower house of Parliament, has unanimously approved the Digital Personal Data Protection Bill 2023. The legislation, introduced by Union IT Minister Ashwini Vaishnaw, aims to establish a robust and comprehensive framework for the protection of personal data. It addresses both the rights of individuals and the responsibilities of entities involved in the management and processing of data.
Having initially been tabled in December 2019, the bill underwent thorough scrutiny by the Joint Committee of the Houses before being presented to the Lok Sabha in December 2021. Following a period of reevaluation, the bill reemerged on the legislative agenda and has now received resounding support.
A cornerstone of the bill is the proposal to impose penalties ranging from a minimum of INR 50 crore to a maximum of INR 250 crore on corporations found in violation of its provisions. The scope of the legislation is broad, encompassing personal data gathered offline and subsequently digitized, as well as data acquired online from Indian data principals. Notably, if data processing is directed towards offering products or services to Indian citizens, the same stringent rules apply.
Among the pivotal provisions delineated in the bill are:
- Third-Party Data Protection: Entities handling user data are mandated to ensure the security of personal information, even when entrusted to third-party data processors.
- Mandatory Data Protection Officer: Organizations are required to appoint a dedicated Data Protection Officer, whose details must be made available to users.
- Prompt Data Breach Reporting: In the event of a data breach, companies are obligated to promptly inform both the Data Protection Board (DPB) and the affected users.
- Judicial Recourse: Appeals against DPB decisions will be adjudicated by the Telecom Disputes Settlement and Appellate Tribunal.
The passage of this landmark legislation underscores India’s commitment to upholding citizens’ digital rights and fostering a secure online environment. As the country increasingly embraces digitalization and data-driven innovations, the Digital Personal Data Protection Bill 2023 serves as a vital legal safeguard, balancing individual privacy with the imperatives of a thriving digital economy.
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