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LUCID MAINS CURRENT AFFAIRS 2018

  1. DATA PRIVACY:SRIKRISHNA COMMITTEE REPORT

RECENTLY IN NEWS BECAUSE,

The high-level panel on data protection frame work submitted its report to the government, suggesting steps for safeguarding personal information, defining obligations of data processors as also rights of individuals, and mooting penalties for violation.

Headed by Justice B N Srikrishna, the panel handed the report to IT Minister Ravi Shankar Prasad, wrapping up nearly one year of deliberations that touched upon sensitive and controversial issues.

WHYTO ADDRESS THE ISSUE?

  • Commercial use of private data by Data Colonising Companies.
  • Low digital
  • Low privacy concerns.
  • Private data v/s National security (state surveillance)
  • RTI

The draft for the personal data protection law proposes exemption of personal information from disclosure under the Right to Information (RTI) Act, which can cause harm to the person concerned

  • Cyber threat.

EXISTING LAW?

IT act 2000. (The act is insufficient to meet our Data protection demands)

Key proposals

  • THE RIGHT TO CONFIRMATION &ACCESS
  • THE RIGHT TO CORRECTION
  • THE RIGHT TO BE FORGOTTEN
  • THE RIGHT TO DATA PORTABILITY

 

REPORT PROPOSALS IN DETAIL…

  • Agrees RTP (Right to protection) as a fundamental right.
  • Trust between Data producer and Data processor.
  • Right to be Forgotten .
  • Suggestion to create DPAI (Data Protection Authority of India).

It proposes setting up of a DPA, an independent regulatory body responsible for the enforcement and effective implementation of the law, consisting of a chairperson and six full-time members

  • The right for child protection.

Specific mention of the need for separate and more stringent norms for protecting the data of children is done by the committee.

  • Data localisation.

At least one copy of the data will need to be stored in India. The draft Bill, which India hopes will become a model framework for protection of personal data for the world, will apply to processing of personal data within India, including the State.

  • Data processing only with explicit consent of individuals.

Personal data, the draft law states, may be processed on the basis of the consent of the data principal, given no later than at the commencement of the processing. It added that processing of sensitive personal data should be on the basis of “explicit consent.”

  • Charging heavy penalties.

It recommended that the penalty may extend up to ₹5 crore or 2% of the data misuser’s total worldwide turnover of the preceding financial year, whichever is higher in situations where the company fails to take “prompt and appropriate action” in response to a data security breach.

GENERAL DATA PROTECTION REGULATION (GDPR): A BENCHMARK.

  • The European Union has an all-encompassing law ,‘General Data Protection Regulations,’ which came into effect on May 25, 2018.
  • As per this, User consent needs to be explicit in Right to be forgotten, a concept that arose in the EU that applies to businesses anywhere in the world that handle European data.
  • Penalties for non-compliance are up to 4 percent of the company’s global turnover, or 20 million Euros, whichever is higher.

CONCLUSION

Data is the new currency . It is considered as the oil of 21st century. With the dawn of information age and mass digitalization there has been generation of huge data.

In order to protect people’s privacy and make companies accountable, India needs a data protection law “as soon as possible” as it is a “fundamental thing” so that the users can demand from the domestic or foreign companies to share their data when needed. This is not a technology problem, but a policy problem.

In this context,The B.N Srikrishna committee set to look into the law is much appreciated step and now, the committee submitted its report also. The government should do the way forward with utmost Transparency and Integrity in framing in the law.

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