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.)