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The Digital Personal Data Protection Bill focuses on safeguarding personal information from unauthorized access. It aims to balance privacy rights with legitimate data usage. Concerns arise about potential impacts on RTI access and press freedom

Digital Personal Data Protection Bill 2023: Safeguarding rights and balancing usage

India's Digital Personal Data Protection Bill and how it impacts you: Explained

The Digital Personal Data Protection Bill focuses on safeguarding personal information from unauthorized access. It aims to balance privacy rights with legitimate data usage. Concerns arise about potential impacts on RTI access and press freedom

In a world where our personal data is constantly being collected and used by various entities, the Digital Personal Data Protection Bill, 2023 (DPDP Bill) aims to offer a much-needed solution. The DPDP Bill&rsquo;s objective is to protect individuals' personal data from unauthorized access, use, and disclosure.
The bill has been passed in the Lok Sabha and now has to be cleared in the Rajya Sabha as well. Once enacted, this will become the first Indian law that will govern how personal data will be collected, used and processed by various entities.
What is the Data Protection Bill?
At its core, the Digital Personal Data Protection Bill, 2023 seeks to establish a balance between citizens' data rights and businesses' responsibilities in handling personal information. This legislation is a response to the growing concerns over unauthorized intrusion into personal data, data breaches, and misuse of information.
Manish Sehgal, Partner, Deloitte India, says that 'Given the bill&rsquo;s extra-territorial coverage, enterprises based outside India serving individuals in India will also be expected to adhere to the provisions of this bill once enacted. Enterprises will have to review the current ways of working especially for the personal data of individuals such as their employees, customers, merchants, vendors, etc to be able to honor the rights that individuals may exercise, such as the right to access, update, erase their data, etc. Non-adherence of obligation listed in the bill may attract sanctions and commercial penalty as high as ₹250 crore.'
Commenting upon the technological aspect of the bill Advocate Jitender Ahlawat Founder and Managing Partner, HJA and Associates said 'Striking a balance between safeguarding personal information and encouraging new technologies is of utmost importance. This bill showcases India's intent to securely manage data, but the task remains to collaboratively work with the industry to respect individuals' privacy while fostering technological advancements. Sanjay Kaushik, Managing director of Netrika Consulting said the bill's emphasis on user consent and data localization aligns with global trends towards greater data independency. However, ensuring a balance between privacy protections and enabling legitimate uses of data for marketing and other purposes remains a challenge.
Penalties upon violation
Penalties range between ₹50 cr - ₹250 cr Non-fulfilment of obligation related to children: ₹200 cr Failure to take security measures to prevent data breaches: ₹250 cr&nbsp;
Key Principles and Provisions
Six fundamental principles form the bill's framework to ensure responsible data handling practices:
Lawful Collection and Usage: The bill mandates that personal data must be collected through legal means and processed only for legitimate purposes.
Transparency and Security: Organizations must transparently communicate their data collection and processing procedures, ensuring individuals understand how their data will be used.
Legitimate Purpose: Data collection must have a lawful purpose, limiting its scope to specific, defined objectives.
Data Minimization: Collecting only the necessary amount of data reduces the risk of misuse and breaches.
Data Protection and Accountability: Organizations must protect collected data from breaches and unauthorized access.
Data Accuracy: Ensuring the accuracy and correctness of the collected information is paramount.
Why is such a bill needed?
A data protection bill is necessary because personal data, which pertains to identifiable people, is used by various entities for various purposes. This includes understanding people's preferences for customization, targeted advertising, and recommendations, as well as aiding law enforcement. However, unchecked use of personal data can infringe on individuals' privacy rights.&nbsp;
India currently lacks a dedicated law for data protection; personal data usage is governed by the Information Technology (IT) Act of 2000. The new bill addresses the processing of digital personal data, aiming to balance individuals' data protection rights with the legitimate need to use such data for legal purposes
Government's take
Rajeev Chandrasekhar, the Minister of State for Electronics and Information Technology, has expressed the government's perspective on the Digital Personal Data Protection Bill. He said that, &ldquo;The bill, upon passage in Parliament, will safeguard the rights of every citizen, foster the growth of the innovation economy, and enable lawful government access for national security and emergencies such as pandemics and earthquakes&rdquo;. He described the bill as a global benchmark that is contemporary, future-ready, and yet easily comprehensible.&nbsp;
Opposition's View
Criticizing the bill, Congress MP Manish Tewari said that there was a distinction in the way the Bill applied to different entities. &ldquo;It applies with full force to non-government entities, and the entire government is going to be exempt from it,&rdquo;
Raising concerns over Right to Information Act, Congress MP Adhir Ranjan Chowdhury said that the Bill was a &ldquo;sinister move&rdquo; to &ldquo;trample&rdquo; the Right to Information Act, 2005.
Concerns surrounding the bill
There are concerns surrounding the Digital Personal Data Protection Bill, which talk about the potential adverse impact on press freedom and journalistic activities. Specifically, the Editors Guild of India (EGI) has expressed apprehensions about certain provisions of the bill that could have implications for the media industry and the right to freedom of expression. Editors Guild of India raised concerns, saying it &ldquo;creates an enabling framework for surveillance of citizens, including of journalists and their sources&rdquo;.
Digital Data Protection Bill broadens exceptions to the Right to Information (RTI) Act, potentially limiting access to information, Anjali Bhardwaj, an RTI activist said 'The Digital Data Protection Bill is a direct attack on people's freedom to speech and expression'&nbsp;
'According to the bill, anyone who collects, uses or processes personal data will be now called a data fiduciary. So, small campaigns, NGOs, political parties, RWAs, and everyone who collects personal data will be called data fiduciaries and there are a whole host of obligations that they will have to meet. And here the catch is that the government will decide who will be exempt from being called a data fiduciary. So, the central government could potentially misuse this provision and exempt its own departments from under the law, big companies that favour the ruling party could be left out of the ambit of the law,' Bhardwaj added. &nbsp;
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AAP MP Raghav Chadha to introduce Bill against defamation

Gandhi made the remarks during a political speech in Karnataka in 2019.&nbsp;

After a Surat court on Thursday found Congress leader Rahul Gandhi guilty and convicted him to 2 years of jail in a defamation case filed against him over his alleged remark on 'Modi' surname, senior Aam Aadmi Party leader and Rajya Sabha MP Raghav Chadha said he will introduce the Decriminalisation of Defamation Bill, 2023, to repeal Sections 499 and 500 of the Indian Penal Code (IPC).
Gandhi made the remarks during a political speech in Karnataka in 2019.&nbsp;
Alleging that criminal defamation has now become a tool to supress voice of the Opposition, Chadha in a tweet said, "Soon, I'll be introducing a Bill titled The Decriminalization of Defamation Bill, 2023 to repeal Sections 499 &amp; 500 of the India Penal Code to bring it in line with international jurisprudence on defamation &amp; repeal these relics of colonial past to ensure fearless discourse."
Notably, a Bill seeking decriminalisation of defamation inin the past.&nbsp;
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US senate votes, passes bill to protect same-sex marriage

A similar bill was already passed in June by the House of Representatives. All the chamber's Democrats voted in favor, along with 47 Republicans.

The US Senate passed a landmark bill Tuesday protecting same-sex marriage, as lawmakers from both parties moved to forestall the possibility of the conservative-led Supreme Court taking away this right as it did with abortion.
"With today's bipartisan Senate passage of the Respect for Marriage Act, the United States is on the brink of reaffirming a fundamental truth: love is love, and Americans should have the right to marry the person they love," President Joe Biden said in a statement released after the 61-36 vote.
The Senate vote sends the bill back to the House of Representatives, which is expected to move swiftly to approve it and send it for Biden's signature.
Senate majority leader Chuck Schumer hailed a "momentous step forward for greater justice for LGBTQ Americans."
Eleven Republicans joined Democrats to pass the legislation on what had for decades been a deeply divisive issue in America.
In the United States, same-sex unions have been guaranteed by the Supreme Court since 2015. But after the court's historic overturning of a longstanding ruling protecting the right to abortion in June, many progressives feared that same-sex marriage may also be under threat.
Democrats have worked with urgency to get the bill passed while they still control Congress.
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They held on to the Senate in this month's mid-term elections but lost the House to the Republicans, although the latter eked out a much thinner majority than they had expected. So when the new Congress takes power in January, gridlock is expected.
The bill passed Tuesday does not require states to legalize same-sex marriage.
But it repeals previous legislation defining marriage as a union between a man and a woman, and does require states to recognize same-sex marriages from other states.
So if the Supreme Court were to overturn the 2015 ruling that legalized same-sex marriages, a state that bans them will still have to recognize such unions carried out in other states. The bill also applies to inter-racial marriages.
"Today&rsquo;s vote is deeply personal for many of us in this chamber," said Schumer, who wore the same tie he had on at his lesbian daughter's wedding.
A similar bill was already passed in June by the House of Representatives. All the chamber's Democrats voted in favor, along with 47 Republicans.
The new vote in the House is needed to reconcile the two bills but this is seen as a formality.
The powerful American Civil Liberties Union hailed the "historic step forward" but denounced the rise of laws attacking the right of transgender people in several states.
"While we welcome the historic vote on this measure, members of Congress must also fight like trans lives depend on their efforts because trans lives do," James Esseks, director of the ACLU's LGBTQ &amp; HIV Rights Project, said in a statement.
Polls show a strong majority of Americans back same-sex marriage but it is still contentious. Thirty-six Republicans voted 'no' on Tuesday and the religious right remains mostly opposed to such unions.

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