The Joint Parliamentary Committee (JPC) on the Personal Data Protection (PDP) Bill, 2019 has submitted its report.
It has retained the controversial exemption clause that allows the Government to keep any of its agencies outside the purview of the law with minor changes.
A secure nation alone provides the atmosphere which ensures personal liberty and privacy of an individual whereas multiple examples exist where without individual liberty and privacy, national security itself gives rise to autocratic regimes.
The report noted that this clause was for “certain legitimate purposes” and also said there was precedent in the form of the reasonable restrictions imposed upon the liberty of an individual, as guaranteed under Article 19 of the Constitution and the Puttaswamy judgment
The genesis of this Bill lies in the report prepared by a Committee of Experts headed by Justice B.N. Srikrishna.
The committee was constituted by the government in the course of hearings before the Supreme Court in the right to privacy case (Justice K.S. Puttaswamy v. Union of India).
Each company will have a Data Protection Officer (DPO) who will liaison with the DPA for auditing, grievance redressal, recording maintenance and more.
The bill also grants individuals the right to data portability, and the ability to access and transfer one’s own data.
The right to be forgotten: This right allows an individual to remove consent for data collection and disclosure.