Digital personal data protection bill – A powerful step against theft- 2023

Digital personal data protection bill–

Digital personal data protection bill– The Digital Personal Data Protection Act, 2023 (also known as the DPDP Act or DPDPA-2023) is an act of the Indian Parliament that establishes guidelines for the processing of digital personal data while acknowledging both the need to process such data for legitimate purposes and any issues that may arise in connection with or incident to those purposes, as well as the right of individuals to have their personal data protected . 

The Data Protection Board of India, which will be an independent entity, is being established by the Central government, according to Ashwini Vaishnaw, Minister of Electronics and Information Technology.
In the event of a data breach, it will direct data fiduciaries to take the required precautions and oversee the administration of sanctions. It will also monitor compliance and hear complaints from impacted parties.

History of Digital personal data protection bill–

A committee was established by the Ministry of Electronics and Information Technology in July 2017 to investigate matters pertaining to data protection.

Justice B. N. Srikrishna, a retired judge of the Supreme Court, served as the committee’s chair.
In July 2018, the committee delivered the draught Personal Data Protection Bill, 2018.

The Supreme Court of India issued its decision on the right to privacy on August 24, 2017. The Supreme Court of India determined that the Right to Privacy is a basic right protected by Article 21 and Part III of the Indian Constitution  .

The Personal Data Protection Bill, 2019, was approved by the Indian cabinet ministry on December 4, 2019, and it was introduced in the Lok Sabha on December 11, 2019.
According to the Bulletin – Part 1 No. 189 dated August 3, 2022, the Lok Sabha and the Indian Parliament have withdrawn the Data Protection Bill, 2019. 

• A new bill for public comment was introduced in November 2022 by the Ministry of Electronics and Information Technology.

• On August 7, 2023, Lok Sabha approved the Digital Personal Data Protection Bill, 2023.

• On August 9, 2023, Rajya Sabha approved the Digital Personal Data Protection Bill, 2023.

• The Digital Personal Data Protection Bill, 2023, which is now known as the Digital Personal Data Protection Act, 2023, received the President of India’s assent on August 11, 2023.

Rights and restrictions Digital personal data protection bill–

• Access to one’s own personal information.

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• Special safeguards for children under 18 in relation to data protection.
  
• 50 crore INR is the minimum fine for a violation.
  
• The 8th schedule of the Indian Constitution should make the terms and conditions and data gathering information available in all 22 languages.
  
• Right to complaint resolution.
  
• Right to name a consent manager to handle data-related requests on behalf of a data principle (Right to name a representative to exercise rights in the event of death or incapacity.
  
• The Act forbids processing that involves monitoring a child’s behaviour, tracking them, or otherwise poses a risk to their health.

Exemptions from Digital personal data protection bill–

• According to the Act, the following are exempt from the Act’s regulations:

• Any legal claim or right must be enforced through the use of personal data.
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• Any court, tribunal, or other Indian entity charged by law with carrying out any judicial, quasi-judicial, regulatory, or supervisory function may process personal data as long as it’s necessary to carry out that duty.
  
• Processing of personal data is done in the aim of preventing, detecting, investigating, or prosecuting any offence or violation of any legislation now in effect in India.

• The processing is required for any scheme of compromise or arrangement, merger or amalgamation of two or more companies, reconstruction of a company through demerger or another method, transfer of an undertaking from one or more companies to another company, or division of one or more companies that has been approved by a court, tribunal, or other authority authorized to do so by any law currently in effect.