The editorial discuss how Digital Personal Data Protection (DPDP) Bill is threats to Transparency, Accountability, and Democratic Rights.
Introduction
- The government plans to introduce the Digital Personal Data Protection (DPDP) Bill in Parliament, raising concerns due to the secrecy surrounding its final draft.
- Opposition members objected to the adoption of the report on the DPDP Bill, alleging lack of consultation and transparency.
Background
- At present, India lacks a comprehensive legislation specifically addressing the issue of data protection. The regulation of personal data usage falls under the purview of the Information Technology (IT) Act of 2000.
- The insufficiency of this framework in safeguarding personal data has been duly noted. In the year 2017, the central government established a Committee of Experts on Data Protection, which was led by Justice B. N. Srikrishna.
- The primary objective of this committee was to investigate and analyse matters pertaining to data protection within the country. The report was submitted by the Committee in July 2018.
- The Personal Data Protection Bill, 2019 was introduced in Lok sabha in December 2019 in accordance with the recommendations put forth by the Committee. The Bill underwent referral to a Joint Parliamentary Committee, which subsequently presented its report in December 2021 The Bill was withdrawn from Parliament in August 2022.
- The draft Digital Personal Data Protection Bill, 2022 was made publicly available by the Ministry of Electronics and Information Technology in November 2022, with the intention of soliciting feedback from the general public.
- Opposition members objected to the adoption of the report on the DPDP Bill, alleging lack of consultation and transparency because its lacked broader public input.
Issues:
Threats to the Right to Information (RTI) Act
- The Data Protection Bill of 2022 includes provisions to amend the RTI Act, potentially undermining the right to access information, a crucial tool for government accountability in a democracy.
- The RTI Act's exemption clause (Section 8(1)(j)) strikes a balance between the right to information and the right to privacy, which the DPDP Bill seeks to undermine by exempting all personal information from disclosure.
Impact on Transparency and Accountability
- Transparency and accountability are essential elements of a functioning democracy, but the DPDP Bill's proposed amendments could threaten these foundations.
- The DPDP Bill empowers the government to draft rules and notifications, potentially allowing it to exempt favored entities while imposing stringent obligations on others.
- The lack of autonomy for the Data Protection Board, responsible for enforcing the DPDP Bill, raises concerns about its potential misuse to target political opposition and critics.
Concerns for Democratic Rights
- Citizens' democratic right to seek information and hold the powerful accountable might be compromised if the DPDP Bill is enacted without addressing the aforementioned issues.
- The current approach to passing Bills in Parliament without proper debate or discussion could result in a law that empowers the central government and undermines citizens' rights.
Conclusion
The Digital Personal Data Protection Bill holds significant implications for India's information regime, right to privacy, and democratic rights. To ensure the protection of citizens' fundamental rights and promote transparency and accountability, the Bill should undergo a more transparent and inclusive consultation process, addressing the concerns raised by various stakeholders, including the Opposition, concerned citizens, and civil society organizations. The Data Protection Board should be granted genuine autonomy to enforce the law and prevent potential misuse. It is essential to strike a balance between data protection and the right to information, safeguarding citizens' interests while curbing data misuse and protecting individual privacy.