Bookmark Bookmark

BN Srikrishna Panel submits draft Personal Data Protection Bill 2018

BN Srikrishna Panel submits draft Personal Data Protection Bill 2018

Justice (retd) BN Srikrishna-headed expert panel has submitted the draft personal data protection Bill 2018, on July 27, 2018 to the Union Ministry of Electronics & Information Technology (MeITY).

The draft Bill, which India hopes will become a model framework for protection of personal data for the world, will apply to processing of personal data within India, including the State.

However, the panel has left it to the Central government to notify categories of personal data that will be considered as critical.

Main Proposals

  • Critical personal data of Indian citizens be processed in centres located within the country. Other personal data may be transferred outside the territory of India with some riders.
  • For data processors not present in India, the Act will apply to those carrying on business in India or other activities such as profiling which could cause privacy harms to data principals in India.
  • Recommended that a Data Protection Authority be set up to prevent misuse of personal information, also provides for setting up an Appellate Tribunal.
  • On right to be forgotten, the draft states that data principal will have the right to restrict or prevent continuing disclosure of personal data by a data processor.
  • Penalties Proposed
    • The draft also provides for penalties for data processor as well as compensation to data principal to be imposed for violations of the data protection law.
    • It has suggested a penalty of Rs 15 crore or 4% of the total worldwide turnover of any data collection/processing entity, for violating provisions.
    • Failure to take prompt action on a data security breach can attract up to Rs 5 crore or 2% of turnover as a penalty.
  • Personal data may be processed on the basis of the consent of the data principal, given no later than at the commencement of the processing.
  • Processing of sensitive personal data should be on the basis of “explicit consent.”
  • The law, the committee in its recommendations said, will not have retrospective application and will come into force in a structured and phased manner.

Justice Srikrishna stated that this report is the first step towards data protection and as technology changes, it may become necessary to fine-tune the law.

Composition of BN Srikrishna Panel

The BN Srikrishna panel was constituted by the MeITY in August 2017 to deliberate on a data protection framework for the country. Other Members are:

  • Aruna Sundararajan, Secretary, Department of Telecom
  • Ajay Bhushan CEO, Unique Identification Authority of India
  • Gulshan Rai, National Cyber Security Coordinator
  • Arghya Sengupta, Research Director, Vidhi Centre for Legal Policy
  • Ajay Kumar, Additional Secretary, MeitY
  • Rama Vedashree, CEO, Data Security Council of India
  • Rishikesha T. Krishnan, Director, IIM, Indore
  • Rajat Moona, director, lIT, Raipur

Need for personal data protection law

Even though the Information Technology Act, 2000 contains certain provisions about data protection and handling, experts are of the opinion that India needs a fresh data protection law with the increased digitisation led by Aadhaar, the Goods and Service Tax and the push towards a digital economy.

IT Act may also be inadequate to deal with the current requirements since it was drafted almost 17 years ago in 2000 and was amended last in 2008.

You might be interested:

Banking Digest 29 July 2018

National Government will notify a National Permit Scheme to facilitate seamless movement of - Tourist vehicles. At all government hospitals, National Viral Hepatitis Control Programme offer free ...

2 years ago

One Liner 29 July 2018

National Government will notify a National Permit Scheme to facilitate seamless movement of - Tourist vehicles. At all government hospitals, National Viral Hepatitis Control Programme offer free drug ...

2 years ago

Evening News Digest: 28 July 2018

World Hepatitis Day: July 28 The World Hepatitis Day (WHD) was observed by World Health Organization (WHO) and across the world on July 28, 2018. WHO and the Government of Mongolia will hold a series ...

2 years ago

Evening News Digest 27 July 2018

6th India-UK Science & Innovation Council (SIC) Meeting held o   The 6th India-UK Science & Innovation Council (SIC) meeting held in New Delhi discussed a range of issues on S&T ...

2 years ago

Banking Digest 28 July 2018

Natinal Maharashtra Government will pump amount to develop areas around tiger reserves – ₹124 crore The State Assembly passed the West Bengal Lokayukta (Amendment) Bill, 2018 According to Tra ...

2 years ago

One Liner 28 July 2018

Natinal Maharashtra Government will pump amount to develop areas around tiger reserves – ₹124 crore The State Assembly passed the West Bengal Lokayukta (Amendment) Bill, 2018 Accordi ...

2 years ago

Provide your feedback on this article: