SUSHOVAN SIRCARVAKASHA SACHDEV
The Justice BN Srikrishna commission has submitted its report on information protection to information technology Minister Ravi Shankar Prasad. Titled, “A Free in addition to Fair Digital Economy – Protecting Privacy, Empowering Indians”, the study was submitted during a press number at the information technology Ministry, along amongst a draft Data Protection Bill. After months of speculation nearly its liberate in addition to a string of delays, the study volition straight off travel reviewed yesteryear Prasad in addition to forwarded to Prime Minister Narendra Modi. Highlights From the Report in addition to Bill The ten-member commission was tasked amongst studying in addition to identifying primal information protection issues in addition to recommend methods for addressing them. Here are the roughly of the highlights from the study in addition to Bill:
Restrictions on Processing in addition to Collection of Personal Data
The commission recommends that processing (collection, recording, analysis, disclosure, etc) of personal information should travel done only for “clear, specific in addition to lawful” purposes. Only that information which is necessary for such processing is to travel collected from anyone.
Processing of Personal Data for “Functions of the State”
One of the to a greater extent than problematic suggestions of the commission is that they advise that your personal information may travel processed yesteryear the regime if this is considered necessary for whatsoever business office of Parliament or State Legislature. This includes provision of services, issuing of licenses, etc. On the human face upwardly of it, this looks extremely vague in addition to could atomic number 82 to misuse.
Right to travel Forgotten
The commission recommends giving “data principals” (persons whose personal information is existence processed) the ‘right to travel forgotten’.
This agency they volition travel able to confine or preclude whatsoever display of their personal information i time the purpose of disclosing the information has ended, or when the information principal withdraws consent from disclosure of their personal data. In the EU, this has been used yesteryear people to larn unflattering records of them on intelligence websites taken downward later on the thing is no longer a thing of world interest.
This right is i of several given to information principals, including the right to confirm what information is existence held or disclosed nearly them, in addition to to larn this corrected if necessary.
Data Localisation
Personal information volition demand to travel stored on servers located inside India, in addition to transfers exterior the solid soil volition demand to travel dependent area to safeguards. Critical personal data, however, volition only travel processed inwards India.
Processing of Sensitive Personal Data to Require Explicit Consent
The Committee recommends that “sensitive” personal information (such equally passwords, fiscal data, sexual orientation, biometric data, religious belief or caste) should non travel processed unless someone gives explicit consent – which factors inwards the purpose of processing.
So, if yous receive got disclosed your sexual orientation inwards a survey where yous were told it would travel used to assess the numbers of people amongst such orientation inwards a exceptional place, your hollo in addition to orientation cannot hence travel sent to an advertising agency to post yous targeted ads, equally this is dissimilar from the purpose yous had agreed on.
Data Protection Authority
The Committee has recommended setting upwardly a Data Protection Authority which is supposed to “protect the interests of information principals”, preclude misuse of personal information in addition to ensure compliance amongst the safeguards in addition to obligations nether the information protection framework yesteryear corporations, governments or anyone else processing personal information (known equally “data fiduciaries”). The obligations on information fiduciaries include conducting audits in addition to ensuring they receive got a information protection officeholder in addition to grievance redressal machinery – the Authority volition demand to set out Codes of Practice on all these points.
The Authority shall receive got the mightiness to inquire into whatsoever violations of the information protection regime, in addition to tin receive got activity against whatsoever information fiduciaries responsible for the same.
Aadhaar Act Amendments
The Committee has suggested recommendations to the Aadhaar Act 2016 to ensure autonomy of the UIDAI in addition to “bolster information protection”. These include offline verification of Aadhaar numbers in addition to novel civil in addition to criminal penalties – though the mightiness to file complaints volition stay amongst the UIDAI alone.
RTI Act Amendments
The Committee recommends the amendment improve department 8(1)(j) of the RTI Act that pertains to the disclosure of personal information inwards the larger world interest. The onetime 8(1)(j) said at that topographic point would travel no obligation to reveal personal information which was non related to “public activity or interest”, or would travel an invasion of privacy. The novel 8(1)(j) looks at a balancing human activity betwixt Earth involvement inwards accessing the information on i hand, in addition to the impairment that could travel caused to the information principal on the other.
Will the Data Protection Bill travel Introduced inwards Parliament?
Prior to the liberate of the report, at that topographic point was speculation that the draft Data Protection Bill – the implementation of the recommendations – would travel introduced yesteryear the Central Government inwards the electrical current session of Parliament. However, comments yesteryear information technology Minister Ravi Shankar Prasad at the fourth dimension of the launch signal that it volition travel roughly fourth dimension earlier it becomes actual law.
“Being a really monumental law, I’d similar to receive got the widest parliamentary consultation possible,” Prasad had said at the time, adding that the Bill would travel yesteryear through multiple stages earlier reaching Parliament.
While this seems to signal at that topographic point volition travel proper scrutiny of the eventual law, the committee, however, has been plagued amongst controversies since its inception – over its seeming lack of transparency inwards its functioning, the lack of civil club representation inwards the committee, in addition to the lack of a proper world consultation process.
On 24 July, The Quint had reported on the mode inwards which the Ministry of Electronics in addition to Information Technology had repeatedly rejected RTI queries for information on the meetings of the committee. According to details that receive got emerged from the RTI responses, the commission met vii times betwixt September 2017 in addition to May 2018.
(The Quint is straight off on WhatsApp. T
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