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Major Problems in The Personal Data Protection Bill, 2019
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.
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.