Salient Features of the Digital Personal Data Protection

Bill, 2023

The Bill protects digital personal data by providing for the following:

  • The obligations of Data Fiduciaries (that is, persons, companies and government entities who process data) for data processing (that is, collection, storage or any other operation on personal data);
  • The rights and duties of Data Principals (that is, the person to whom the data relates)
  • Financial penalties for breach of rights, duties and obligations.

The Bill also seeks to achieve the following:

  • Introduce data protection law with minimum disruption while ensuring necessary change in the way Data Fiduciaries process data;
  • Enhance the Ease of Living and the Ease of Doing Business; and
  • Enable India’s digital economy and its innovation ecosystem.

The Bill is concise and SARAL, that is, Simple, Accessible, Rational & Actionable Law

The Bill provides for following rights to the individuals: The right to access information about personal data processed;  correction and erasure of data; grievance redressal; and nominate a person to exercise rights in case of death or incapacity.

The Bill provides for following obligations on the data fiduciary: security safeguards to prevent personal data breach, intimate personal data breaches, erase personal data when no longer needed or upon withdrawal of consent, have a grievance redressal system, etc.

The Bill safeguards the personal data of children also. (only with parental consent – Must not be detrimental to the well-being of children or involves their tracking, behavioural monitoring or targeted advertising.)

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