If the central government has learned anything from the experience of agricultural laws, then the Data Protection Bill, 2019 Before passing it to the Parliament, it will be discussed in detail and will try to reach a consensus. The government can say that it has tried to reach a consensus on the bill for two years and has formed a joint parliamentary committee for detailed consideration., who has given his report. It is true that the Bill has been considered by the Joint Parliamentary Committee but the report accepted by the Committee is not a report of consensus. Seven opposition MPs have raised objections to several provisions of the bill. Opposition MPs have shared their written protest. But since the ruling party had a majority in the parliamentary committee, the report was accepted. If the bill is accepted by the Joint Parliamentary Committee in the form it is passed by the Parliament, then it will have no meaning.
This bill is for private data protection, that is, it includes both the privacy of the common citizen of the country and the confidentiality of information about him. But it does not seem that the government is serious about protecting the privacy and privacy of the people. It is also increasing its power on the pretext of this bill and creating a monopoly on data handling. It is making its unhindered access to the information of citizens on this pretext and is also cracking down on social media. Only then it is necessary that every aspect of this bill should be carefully discussed in Parliament and the provisions of the bill which have been objected by the MPs of the opposition should be corrected.
Keep in mind that in the Puttuswamy case, the Supreme Court has considered the right to privacy of citizens as a fundamental right. Keeping this decision of the Supreme Court in mind, the government should make this law.
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Sadly, the government has not respected the spirit of the Supreme Court’s decision. The government has put its agencies above the purview of the law in this law. The biggest opposition has come against this provision. section of the bill 35 Under this, the government will have the right to give complete exemption to the central agencies from the purview of this law. National Security, In the name of maintaining sovereignty and law and order, the government can exempt central agencies from this law being brought to protect privacy. Not only this, central agencies will have the right to collect personal information about any person without his knowledge or consent. In a way, through this, the government is giving freedom to the central agencies for unbridled surveillance of citizens. This law is being brought for the protection of personal data, but the draft of this bill has been made in such a way that agencies are also allowed to collect such data., that is not private. national security from above, Unity, The definition of integrity or law and order is so vague that they can be used anywhere.
The second point of concern in this law is that the central government will appoint the chairman and members of the data protection authority which is to be formed under the new law. think, How can a committee which will be completely appointed by the government and work under its supervision, be expected to fully protect the privacy of citizens and the confidentiality of their information?, Keep in mind that the biggest threat to the privacy of citizens and the confidentiality of their personal information comes from government agencies. Although it is not that private companies or organizations do not steal or misuse the data of citizens but their purpose is only business but government agencies can violate the law for any other purpose. Therefore, the government should reconsider the provisions of the constitution of the Data Protection Authority and the scale and procedure for the appointment of the chairperson and members should be made like this., So that people’s trust is built and data security is guaranteed.
A major provision in this law is that the government will treat social media platforms as publishers rather than intermediaries. If they are deemed to be publishers, then all the obligations that apply to the publishers will also apply to them. They have to verify every user. Every user will be considered the author of their platform and whatever he writes or whatever will be published on that platform, The company will also be responsible for that. If anything is written from any unverified account, then its responsibility will also fall on the platform i.e. the company. Keep in mind that for some time the central government was preparing to rein in social media platforms. New IT bills have been implemented for this. Now the government will get more freedom to rein in these companies through the Personal Data Protection Act. While it is possible to reduce hate or pornographic content on social media platforms, the government’s control over the companies operating them will be strengthened.
The government should look into these concerns. government data protection bill 29 Parliament is going to present it in session starting from November. Before passing it, the government should keep in mind that the law should not be half incomplete. Remember, having no law is better than a bad law. If the government enacts a half-finished law, it will allow for violation of privacy and surveillance of citizens, and the way for people to get relief from the law will be closed. If the government does not want this and really wants to ensure the privacy and data security of the common people, then it should pay attention to the objections raised by the opposition and pass it only after removing their stated shortcomings. Only then will the real purpose of the law be fulfilled.