New Personal data protection bill -Comparison and concerns

Personal data protection (PDP) is important in present times as Large collection of information about individuals and their online habits has become an important source of profits. It is also a potential avenue for misuse and harassment.

Importance of Personal data protection.

To prevent invasion of privacy as it can reveal extremely personal aspects.
Saves people from misuse & exploitation.
allowing individual right to control their own data.
For upholding privacy of individual.
Ensures transparency by making firms accountable.

Significance of proposed personal data protection regime over existing data protection regime

Proposed regime	Existing regime
1. Classification of personal info as Critical ,Sensitive, General.	No such classifications
2. Both govt and non govt. comes under act .	Cant be used against government agencies earlier As they are beyond the ambit.
3. BN srikrishna recommendations mandates storage of data in india.	No such restrictions .Datas were stored and processed by servers abroad.
4. Individual consent is required for data mirroring.	Data copy from one location to other happens in real time.
5. Requirement of data fiduciaries for Data collection and handling.	No such requirements
6. Data protection authority for addressing grievances.	No specific authority for grievance redressal.

Concerns over proposed regime

Ensuring accountability will be difficult since most design decisions are opaque
While the draft Bill sets up broad principles for privacy, a huge chunk of the work has been left for the DPA to carry forward.
It gives the central government with exemptions which are against the principles of processing personal data.
National security or reasonable purposes are open-ended and subjective terms, which may lead to intrusion of the state into the private lives of citizens.
The government can process even sensitive personal data when needed, without explicit permission from the data principals.

Personal data protection is need of the hour but there should be care to avoid instances like double edged sword. There should be extra care to avoid backfiring on India’s own young startups that are attempting global growth, or on larger firms that process foreign data in India.

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