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6) Critically analyse the provisions of Personal Data Protection Bill which seeks to update the currently non-existent standards for privacy and consent.

Topic: basics of cyber security; Awareness in the fields of IT, Space, Computers.

6) Critically analyse the provisions of Personal Data Protection Bill which seeks to update the currently non-existent standards for privacy and consent.

Deccan Herald

Livemint

The Economic Times

Why this question:

The government has listed the Personal Data Protection Bill in Parliament for the winter session. The Union Cabinet has approved the Bill and it is likely to be introduced for discussion before the on-going winter session of Parliament. It is essential to discuss the bill and its effect on freedom of individuals. Finally we need to provide a fair and balanced opinion on the provisions of the draft Bill and discuss the way forward.

Directive word

Critically examine – When you are asked to examine, you have to probe deeper into the topic,  get into details, and find out the causes or implications if any . When ‘critically’ is suffixed or prefixed to a directive, all you need to do is look at the good and bad of something and give a fair judgement.

Structure of the answer

Introduction – Give a background of the data protection Bill and talk about the challenges emanating for RTI Act from all corners

Body

Highlight the provisions of the data protection bill

  • One of the most important aspects of the Bill is the setting up of the data protection authority (DPA).
  • the bill proposes social media platforms to create a mechanism so that for “every user who registers their service from India or uses their service from India, a voluntary verifiable account mechanism has to be made
  • And so on.

Highlight the challenges posed by the bill.

  • The Bill calls for privacy by design, but ensuring accountability will be difficult since most design decisions are opaque
  • While the draft Bill sets up broad principles for privacy, a huge chunk of the work has been left for the DPA to carry forward.
  • in the interest of national security, certain agencies can have access to personal data for any investigation pertaining to offences.
  • The Personal Data Protection Bill only lists a set of broad principles that lay down the contours of privacy in the country. That in itself offers neither a clear road map for governance nor any of the details that data principals, and fiduciaries alike, would need in order to understand their rights and obligations
  • And so on.

Provide measures to tackle the challenges posed.

Conclusion

Give a fair and balanced conclusion and discuss the way forward.