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Polity & Governance
Mahesh

20/11/22 18:15 PM IST

Digital Personal Data Protection Bill 2022

In News
  • The draft Digital Personal Data Protection Bill, 2022, was recently opened by the Union Ministry of Electronics and IT (MeitY) for public comments.
Provisions of the bill 
  • The purpose of the draft Bill is to provide for the processing of digital personal data in a manner that recognizes both the right of individuals to protect their personal data and the need to process personal data for lawful purposes, and for matters connected therewith or incidental thereto.
  • The Digital Personal Data Protection Bill frames out the rights and duties of the citizen (Digital Nagrik) on one hand and the obligations to use collected data lawfully of the Data Fiduciary on the other hand. 
  • The Bill will establish the comprehensive legal framework governing digital personal data protection in India.
  • The Bill provides for the processing of digital personal data in a manner that recognizes the right of individuals to protect their personal data, societal rights and the need to process personal data for lawful purposes.
  • Data Protection Board: It will act as the adjudicating body to enforce the provisions of the Bill.
  • Data Protection Officer and independent data auditor: They will be appointed by businesses of “significant” size (based on the volume of data they process), to evaluate compliance with provisions of the law.
  • The new Bill relaxes data localisation rules and permits data to flow to certain global destinations, based on their data security landscape.
  • Exemptions: The Central government has been empowered to exempt its agencies from adhering to provisions of the Bill in the interest of –
  • Sovereignty and integrity of India,
  • Security of the state,
  • Friendly relations with foreign states,
  • Maintenance of public order or preventing incitement to any cognisable offence.
  • Penalties: Focus is more on financial penalties than a criminal conviction.
  • For companies: Between Rs 50 – 500 crore for data breaches and noncompliance.
  • For users: A consumer who submits false documents for an online service or makes bogus grievance complaints may face a Rs 10,000 fine.
Source- PIB 

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