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A draft of the Bill was first floated final November, following which it underwent a couple of rounds of public session.
The draft knowledge safety Bill is anticipated to return up earlier than the Union Cabinet immediately (Wednesday), with the laws anticipated to be tabled within the Monsoon session of Parliament after Cabinet approval, The Indian Express has learnt.
A draft of the Bill was first floated final November, following which it underwent a couple of rounds of public session. Based on the inputs acquired through the consultations, a second draft was readied which then underwent some rounds of inter-ministerial discussions.
“The Cabinet is expected to take up the Digital Personal Data Protection Bill, 2022 on Wednesday and once it gets the approval, the Bill will be tabled in the upcoming Parliament session,” a senior authorities official mentioned, requesting anonymity.
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The Bill is a key pillar of an overarching framework of expertise rules the Centre is constructing which additionally contains the Digital India Bill — the proposed successor to the Information Technology Act, 2000; Indian Telecommunication Bill, 2022; and a coverage for non-personal knowledge governance.
The contemporary draft was launched after the federal government withdrew an earlier model from Parliament final August after almost 4 years of being within the works, the place it went by way of a number of iterations together with a evaluation by a Joint Committee of Parliament (JCP), and confronted pushback from a variety of stakeholders together with tech firms and privateness activists.
The Indian Express earlier reported that in a transfer that might additional liberalise circumstances for knowledge switch, the proposed new regulation might enable world knowledge flows by default to all jurisdictions apart from a specified adverse listing of nations the place such transfers could be restricted.
The draft which was launched for public session mentioned that the Centre will notify international locations or territories the place private knowledge of Indian residents will be transferred. Sources mentioned that is prone to be amended with the Bill permitting cross-border knowledge flows to all geographies with an official blacklist — of nations the place transfers could be restricted.
This change is seen as a transfer to make sure enterprise continuity for enterprises and to put India as an important a part of the worldwide knowledge switch community – an necessary ingredient of commerce negotiations the nation is at the moment exploring with key areas such because the European Union.
A provision on “deemed consent” within the draft Digital Personal Data Protection Bill, 2022, may be reworded to make it stricter for personal entities whereas permitting authorities departments to imagine consent whereas processing private knowledge on grounds of nationwide safety and public curiosity. The Bill might additionally incorporate a provision to make sure it doesn’t are available in battle with pre-existing rules issued by different Departments or Ministries, this paper earlier reported.
The Bill has been criticised by privateness activists for providing wide-ranging exemptions to the Centre and its companies, and diluting the function of the info safety board.
“The new Bill makes sure that consumer rights to data protection are captured as rights. Data fiduciaries’ obligations are light and easy to comply with so that it does not slow down innovation, the economy, and India’s position as a safe destination for data processing for the world’s citizens. It also ensures that the government’s governance objectives based on data governance are met,” Rajeev Chandrasekhar, Minister of State for Electronics and IT informed this paper earlier.
© The Indian Express (P) Ltd
First printed on: 05-07-2023 at 04:30 IST
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