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  • Major Problems in The Personal Data Protection Bill, 2019

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    Avinash Dangwal
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    The document summarizes major problems with India's Personal Data Protection Bill of 2019. It notes that the bill exempts the state from obtaining consent when processing personal data for various broad purposes like public order. It also allows the central government to exempt any agency from the act if it is in the interest of sovereignty or public order, which gives the government blanket power and could enable surveillance. Considering past data leaks and how data was misused in elections, such broad powers could violate citizen privacy rather than protect it.

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    The document summarizes major problems with India's Personal Data Protection Bill of 2019. It notes that the bill exempts the state from obtaining consent when processing personal data for various broad purposes like public order. It also allows the central government to exempt any agency from the act if it is in the interest of sovereignty or public order, which gives the government blanket power and could enable surveillance. Considering past data leaks and how data was misused in elections, such broad powers could violate citizen privacy rather than protect it.

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    © All Rights Reserved
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    35 views2 pages

    Major Problems in The Personal Data Protection Bill, 2019

    Uploaded by

    Avinash Dangwal
    The document summarizes major problems with India's Personal Data Protection Bill of 2019. It notes that the bill exempts the state from obtaining consent when processing personal data for various broad purposes like public order. It also allows the central government to exempt any agency from the act if it is in the interest of sovereignty or public order, which gives the government blanket power and could enable surveillance. Considering past data leaks and how data was misused in elections, such broad powers could violate citizen privacy rather than protect it.

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    Major Problems in the Personal Data Protection Bill, 2019

    1. Consent
    - Section 11 exempts the state from the consent related requirements with
    respect to the collection of data which are mandatory for other data
    fiduciaries.
    According to Section 11: -
    Notwithstanding anything contained in section 11, the personal
    data may be processed if such processing is necessary,—
    (a) for the performance of any function of the State authorised by
    law for—
    (i) the provision of any service or benefit to the data principal
    from the State; or
    (ii) the issuance of any certification, licence or permit for any
    action or activity of the data principal by the State;
    (b) under any law for the time being in force made by the
    Parliament or any State Legislature; or
    (c) for compliance with any order or judgment of any Court or
    Tribunal in India;
    (d) to respond to any medical emergency involving a threat to the
    life or a severe threat to the health of the data principal or any
    other individual;
    (e) to undertake any measure to provide medical treatment or
    health services to any individual during an epidemic, outbreak of
    disease or any other threat to public health; or
    (f) to undertake any measure to ensure safety of, or provide
    assistance or services to, any individual during any disaster or
    any breakdown of public order.
    It is submitted that the grounds of the exemption of consent to the state are
    quite vague and not properly defined like “public order” under Section 12 (f)
    has the potential of having wide ramifications and interpretations.

    2. Exemptions from the Application of the Act.


    - Chapter VIII [Section 35-40] of the Act lays down the provisions relating to
    the exemptions from the application of the Act.
    - Section 35 grants the power to the central government to exempt any
    agency from the application of this act provided it is in the interest of
    sovereignty, public order etc.

    It is submitted that these provisions are quite overarching and give the central
    government blanket protection and unprecedented power which can have the
    potential of creating a situation resembling a surveillance state. Further, the
    Indian government’s capability of storing and holding sensitive data is
    doubtful which was evident when sensitive data was leaked from the Aadhar
    Database. Further the recent history in the Cambridge Analytica case
    suggests how personal data can be used to skew elections. Hence in light of
    these factors and considering that data is a new oil, it can be safe to see that
    such powers to the central government can facilitate an authoritative regime
    which violates the privacy of the citizens in the garb of protecting it.

    Major links: - https://www.lawfareblog.com/key-global-takeaways-indias-


    revised-personal-data-protection-bill

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