The Bill has recognized the right to privacy as a fundamental right and protection of personal data as an essential facet of informational privacy. It provides for data protection obligations such as purpose and collection limitation, notice and consent regime; provides stricter consent requirements for sensitive personal data and personal data of children; sets up enforcement and grievance redressal mechanism and various other provisions related to data protection. However, there are certain issues with the bill as well. These include data localisation, lack of independence in Data Protection Authority of India, wide exemptions, online surveillance, independence of data protection officers among others.
SFLC.in’s posts on the topic:
– Comments on the Bill: https://privacy.sflc.in/our-comments-draft-data-protection-bill/
– Summary of the Bill: https://privacy.sflc.in/summary-of-the-personal-data-protection-bill-2018/
– Brief analysis of the Bill: https://privacy.sflc.in/brief-analysis-of-the-personal-data-protection-bill-2018/
