Dr Gulshan Rai
Background
India, currently, does not have a standalone law on data protection. The Information Technology Act, 2000 regulates the use of personal data. In the year 2017, Committee of Experts on Data Protection, chaired by Justice B. N. Srikrishna, was constituted by the Central Government to examine issues relating to data protection in the country. In July 2018, the said Committee submitted its report. The Personal Data Protection Bill, 2019 was introduced in Lok Sabha in December 2019 based on the recommendations of the said Committee. The Bill was referred to a Joint Parliamentary Committee which submitted its report in December 2021. In August 2022, the Bill was withdrawn from Parliament. In November 2022, a Draft Bill was released for public consultation. In August 2023, the Digital Personal Data Protection Bill, 2023 (“2023 Bill”) was introduced in Parliament.The 2023 Bill provides for a legislative backing to the Supreme Court’s landmark judgement in Justice K. S. Puttaswamy (Retd) Vs Union of India Case (2017)[1]. A nine-judge bench of the Supreme Court unanimously held that Indians have a constitutionally protected fundamental right to privacy that is an intrinsic part of life and liberty under Article 21.
Given herein below are the key features of the 2023 Bill which have been provided in a questionnaire form for ease of understanding:
What is the applicability of the 2023 Bill?
The 2023 Bill will apply to the processing of digital personal data within India where the said data is collected in digital form or in a non-digital form and digitised subsequently[2]. It will also apply to the processing of personal data outside India, if it is for offering goods or services or profiling individuals in India[3].
What is outside the ambit of the 2023 Bill?
The 2023 Bill does not apply to personal data processed by an individual for any personal or domestic purpose; and personal data that is made or caused to be made publicly available by the data principal to whom such personal data relates; or any other person who is under an obligation under any law for the time being in force in India to make such personal data publicly available[4].














:quality(70)/cloudfront-us-east-1.images.arcpublishing.com/archetype/W5UL4LPPIZEEBAFW2JXJGLYS4M.jpg)




