Digital Personal Data Protection Act, 2023: Difference between revisions
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After further deliberations the Bill was approved by the cabinet ministry of [[India]] on 4 December 2019 as the [[Personal Data Protection Bill, 2019]] and tabled in the [[Lok Sabha]] on 11 December 2019. The Data Protection Bill, 2019 was withdrawn from the Lok Sabha and the Parliament of India as reported in the Bulletin - Part 1 No. 189 dated August 3, 2022.<ref>{{cite web |last1=Avasarala |first1=Sameer |title=Data Protection Bill withdrawn: Roadblocks towards a comprehensive data protection framework |url=https://www.lakshmisri.com/insights/articles/data-protection-bill-withdrawn-roadblocks-towards-a-comprehensive-data-protection-framework |url-status=live |archive-url=https://web.archive.org/web/20220825134913/https://www.lakshmisri.com/insights/articles/data-protection-bill-withdrawn-roadblocks-towards-a-comprehensive-data-protection-framework/ |archive-date=25 August 2022 |access-date=25 August 2022 |publisher=Lakshmikumaran & Sridharan Attorneys}}</ref><ref>{{cite web |last1=Avasarala |first1=Sameer |title=Advent of a new-era Digital India Act – Key aspects to look out |url=https://www.lakshmisri.com/insights/articles/advent-of-a-new-era-digital-india-act-key-aspects-to-look-out/ |url-status=live |archive-url=https://web.archive.org/web/20220825134611/https://www.lakshmisri.com/insights/articles/advent-of-a-new-era-digital-india-act-key-aspects-to-look-out/ |archive-date=25 August 2022 |access-date=25 August 2022 |publisher=Lakshmikumaran & Sridharan Attorneys}}</ref> |
After further deliberations the Bill was approved by the cabinet ministry of [[India]] on 4 December 2019 as the [[Personal Data Protection Bill, 2019]] and tabled in the [[Lok Sabha]] on 11 December 2019. The Data Protection Bill, 2019 was withdrawn from the Lok Sabha and the Parliament of India as reported in the Bulletin - Part 1 No. 189 dated August 3, 2022.<ref>{{cite web |last1=Avasarala |first1=Sameer |title=Data Protection Bill withdrawn: Roadblocks towards a comprehensive data protection framework |url=https://www.lakshmisri.com/insights/articles/data-protection-bill-withdrawn-roadblocks-towards-a-comprehensive-data-protection-framework |url-status=live |archive-url=https://web.archive.org/web/20220825134913/https://www.lakshmisri.com/insights/articles/data-protection-bill-withdrawn-roadblocks-towards-a-comprehensive-data-protection-framework/ |archive-date=25 August 2022 |access-date=25 August 2022 |publisher=Lakshmikumaran & Sridharan Attorneys}}</ref><ref>{{cite web |last1=Avasarala |first1=Sameer |title=Advent of a new-era Digital India Act – Key aspects to look out |url=https://www.lakshmisri.com/insights/articles/advent-of-a-new-era-digital-india-act-key-aspects-to-look-out/ |url-status=live |archive-url=https://web.archive.org/web/20220825134611/https://www.lakshmisri.com/insights/articles/advent-of-a-new-era-digital-india-act-key-aspects-to-look-out/ |archive-date=25 August 2022 |access-date=25 August 2022 |publisher=Lakshmikumaran & Sridharan Attorneys}}</ref> |
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* In November 2022, The [[Ministry of Electronics and Information Technology]] introduced a new bill for public consultation.[https://www.meity.gov.in/writereaddata/files/Notice%20-%20Public%20Consultation%20on%20DPDP%202022_1.pdf] |
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In November 2022, The [[Ministry of Electronics and Information Technology]] introduced a new bill for public consultation.<ref>https://www.meity.gov.in/writereaddata/files/Notice%20-%20Public%20Consultation%20on%20DPDP%202022_1.pdf]</ref> The Digital Personal Data Protection Bill, 2023 was passed by [[Lok Sabha]] on 7 August 2023.<ref>{{Cite web |date=2023-08-07 |title=Data protection bill passed by Lok Sabha, next stop Rajya Sabha |url=https://www.moneycontrol.com/news/business/data-protection-bill-passed-by-lok-sabha-next-stop-rajya-sabha-11110631.html |access-date=2023-08-07 |website=Moneycontrol |language=en}}</ref> and by [[Rajya Sabha]] on 9 August 2023.<ref>{{Cite web |last=Chishti |first=Aiman J. |date=2023-08-09 |title=Parliament Passes Digital Personal Data Protection Bill |url=https://www.livelaw.in/news-updates/parliament-passes-digital-data-protection-bill-personal-data-234823 |access-date=2023-08-09 |website=www.livelaw.in |language=en}}</ref> On 11 August 2023, the [[President of India]] gave assent to the Digital Personal Data Protection Bill, 2023 which now makes it [[Digital Personal Data Protection Act, 2023]].<ref>{{Cite web |date=2023-08-11 |title=India gets a data protection law |url=https://www.moneycontrol.com/news/business/india-gets-a-data-protection-law-11164481.html |access-date=2023-08-11 |website=Moneycontrol |language=en}}</ref><ref>{{Cite news |date=2023-08-12 |title=Digital Personal Data Protection Bill gets nod from President |work=The Economic Times |url=https://economictimes.indiatimes.com/industry/cons-products/electronics/digital-personal-data-protection-bill-gets-nod-from-president/articleshow/102660125.cms?from=mdr |access-date=2023-08-11 |issn=0013-0389}}</ref> |
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* The Digital Personal Data Protection Bill, 2023 was passed by [[Rajya Sabha]] on 9 August 2023.<ref>{{Cite web |last=Chishti |first=Aiman J. |date=2023-08-09 |title=Parliament Passes Digital Personal Data Protection Bill |url=https://www.livelaw.in/news-updates/parliament-passes-digital-data-protection-bill-personal-data-234823 |access-date=2023-08-09 |website=www.livelaw.in |language=en}}</ref> |
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* On 11 August 2023, the [[President of India]] has given assent to the Digital Personal Data Protection Bill, 2023 which now makes it [[Digital Personal Data Protection Act, 2023]].<ref>{{Cite web |date=2023-08-11 |title=India gets a data protection law |url=https://www.moneycontrol.com/news/business/india-gets-a-data-protection-law-11164481.html |access-date=2023-08-11 |website=Moneycontrol |language=en}}</ref><ref>{{Cite news |date=2023-08-12 |title=Digital Personal Data Protection Bill gets nod from President |work=The Economic Times |url=https://economictimes.indiatimes.com/industry/cons-products/electronics/digital-personal-data-protection-bill-gets-nod-from-president/articleshow/102660125.cms?from=mdr |access-date=2023-08-11 |issn=0013-0389}}</ref> |
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== Overview == |
== Overview == |
Revision as of 15:15, 15 August 2023
![]() | This article may contain improper use of non-free material. (August 2023) |
Digital Personal Data Protection Act, 2023 | |
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Parliament of India | |
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Citation | Act No. 22 of 2023 |
Territorial extent | Indien |
Passed by | Lok Sabha |
Passed | 7 August 2023 |
Passed by | Rajya Sabha |
Passed | 9 August 2023 |
Assented to by | President of India |
Assented to | 11 August 2023 |
Legislative history | |
First chamber: Lok Sabha | |
Bill citation | Bill No. 113 of 2023 |
Introduced by | Ashwini Vaishnaw Minister of Electronics and Information Technology, Minister of Communications, Minister of Railways |
First reading | 3 August 2023 |
Keywords | |
Consent, Data privacy, Data breach | |
Status: Not yet in force |
The Digital Personal Data Protection Act, 2023 (also known as DPDP Act or DPDPA-2023) is an act of the Parliament of India to provide for the processing of digital personal data in a manner that recognises both the right of individuals to protect their personal data and the need to process such personal data for lawful purposes and for matters connected therewith or incidental thereto.[1] This is the first Act of the Parliament of India where "she/her" pronouns were used unlike the usual "he/him" pronouns.[2][3]
The Minister of Electronics and Information Technology Ashwini Vaishnaw has informed that the Central government is setting up the Data Protection Board of India which will be an independent body. It will monitor compliance and imposition of penalties, direct data fiduciaries to take necessary measures in the event of a data breach and hear grievances made by affected persons.
Background
In July 2017, the Ministry of Electronics and Information Technology set up a committee to study issues related to data protection. The committee was chaired by retired Supreme Court judge Justice B. N. Srikrishna. The committee submitted the draft Personal Data Protection Bill, 2018 in July 2018.
On 24 August 2017, the Supreme Court of India gave the Right to Privacy verdict. In the case of Justice K. S. Puttaswamy (Retd.) and Anr. vs Union Of India And Ors., the Supreme court held that the Right to Privacy is a fundamental right protected under Article 21 and Part III of the Indian Constitution.[4]
After further deliberations the Bill was approved by the cabinet ministry of India on 4 December 2019 as the Personal Data Protection Bill, 2019 and tabled in the Lok Sabha on 11 December 2019. The Data Protection Bill, 2019 was withdrawn from the Lok Sabha and the Parliament of India as reported in the Bulletin - Part 1 No. 189 dated August 3, 2022.[5][6]
In November 2022, The Ministry of Electronics and Information Technology introduced a new bill for public consultation.[7] The Digital Personal Data Protection Bill, 2023 was passed by Lok Sabha on 7 August 2023.[8] and by Rajya Sabha on 9 August 2023.[9] On 11 August 2023, the President of India gave assent to the Digital Personal Data Protection Bill, 2023 which now makes it Digital Personal Data Protection Act, 2023.[10][11]
Übersicht
- The Act protects digital personal data (that is, the data by which a person may be identified) by providing for the following[1]
- The obligations of Data Fiduciaries (that is, persons, companies and government entities who process data) for data processing (that is, collection, storage or any other operation on personal data)
- The rights and duties of Data Principals (that is, the person to whom the data relates)
- Financial penalties for breach of rights, duties and obligations
- Establishment of Data Protection Board of India
Rights and provisions
- Right to access she/her personal data
- Right to correction and erasure of data
- Right to revoke consent
- Special provisions for the protection of data related minors (under 18 children)
- Minimum penalty for breach is 50 crore INR
- The terms and conditions and information related to collection of data should be made available in all the 22 languages in the 8th schedule of the Indian constitution
- Right to grievance redressal
- Right to nominate a consent manager to manage their data related requests on behalf of a data principle (The right to nominate a person to exercise rights in case of death or incapacity)
- The Act does not permit processing which is detrimental to well-being of children or involves their tracking, behavioral monitoring or targeted advertising
The Act has made exemptions from the regulations related to the Act, they are:
- The processing of personal data is necessary for enforcing any legal right or claim
- The processing of personal data by any court or tribunal or any other body in India which is entrusted by law with the performance of any judicial or quasi-judicial or regulatory or supervisory function, where such processing is necessary for the performance of such function
- Personal data is processed in the interest of prevention, detection, investigation or prosecution of any offence or contravention of any law for the time being in force in India
- Personal data of Data Principals not within the territory of India is processed pursuant to any contract entered into with any person outside the territory of India by any person based in India
- The processing is necessary for a scheme of compromise or arrangement or merger or amalgamation of two or more companies or a reconstruction by way of demerger or otherwise of a company, or transfer of undertaking of one or more company to another company, or involving division of one or more companies, approved by a court or tribunal or other authority competent to do so by any law for the time being in force
- The processing is for the purpose of ascertaining the financial information and assets and liabilities of any person who has defaulted in payment due on account of a loan or advance taken from a financial institution, subject to such processing being in accordance with the provisions regarding disclosure of information or data in any other law for the time being in force
See also
- Personal Data Protection Bill, 2019
- Information privacy law
- UK Data Protection Act 2018
- EU General Data Protection Regulation
- UK Data Protection Act 1998
- Data security
References
- ^ a b "The Digital Personal Data Protection Bill 2023 PDF" (PDF).
- ^ "Draft data protection Bill uses 'she' and 'her' to refer to all individuals". The Hindu. 2022-11-18. ISSN 0971-751X. Retrieved 2023-08-09.
- ^ "Digital Personal Data Protection Act, 2023" (PDF).
- ^ "Wayback Machine" (PDF). Archived from the original (PDF) on 2017-08-28. Retrieved 2023-08-09.
- ^ Avasarala, Sameer. "Data Protection Bill withdrawn: Roadblocks towards a comprehensive data protection framework". Lakshmikumaran & Sridharan Attorneys. Archived from the original on 25 August 2022. Retrieved 25 August 2022.
- ^ Avasarala, Sameer. "Advent of a new-era Digital India Act – Key aspects to look out". Lakshmikumaran & Sridharan Attorneys. Archived from the original on 25 August 2022. Retrieved 25 August 2022.
- ^ https://www.meity.gov.in/writereaddata/files/Notice%20-%20Public%20Consultation%20on%20DPDP%202022_1.pdf]
- ^ "Data protection bill passed by Lok Sabha, next stop Rajya Sabha". Moneycontrol. 2023-08-07. Retrieved 2023-08-07.
- ^ Chishti, Aiman J. (2023-08-09). "Parliament Passes Digital Personal Data Protection Bill". www.livelaw.in. Retrieved 2023-08-09.
- ^ "India gets a data protection law". Moneycontrol. 2023-08-11. Retrieved 2023-08-11.
- ^ "Digital Personal Data Protection Bill gets nod from President". The Economic Times. 2023-08-12. ISSN 0013-0389. Retrieved 2023-08-11.
- ^ "Digital Personal Data Protection Act 2023 TEXT" (PDF).