A Note on DIGITAL PERSONAL DATA PROTECTION BILL, 2022

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The purpose of this Bill is to provide for the processing of digital personal data in a manner that recognises the right of individuals to protect their personal data, the need to process personal data for lawful purposes and for other incidental purposes.

The term “Data Principal” has been used to identify the individual to whom personal data is related. Considering the utility and usage of personal data of children, it has been provided that in case of children their parents or lawful guardians of children would be considered Data Principal.

The definition of “personal data” has been worded in a direct and simple manner to mean any data by which or in relation to which an individual can be identified.

The term “Data Principal” has been used to identify the individual to whom personal data is related. Considering the utility and usage of personal data of children, it has been provided that in case of children their parents or lawful guardians of children would be considered Data Principal. The definition of “personal data” has been worded in a direct and simple manner to mean any data by which or in relation to which an individual can be identified.

The entity (whether it be an individual, company, firm, state etc) which decides the purpose and means of processing of an individual’s personal data has been termed the “Data Fiduciary”. The deliberate choice of “Fiduciary” underlines that the relationship between the Data Principal and Data Fiduciary is expected to be one based on mutual trust.

The definition of “processing” has been used to cover the entire cycle of operations that can be carried out in respect of personal data. Thus, several operations right from collection to storage are, as per the definition in the Bill, examples of processing.

In the interest of absolute clarity, “public interest” a phrase often used in law has also been defined.

For the first time in India’s legislative history, “her” and “she” have been used to refer to individuals irrespective of gender. This is in line with the government’s philosophy of empowering women. Considering the linguistic diversity of India, provision has been made for enabling individuals to access basic information in 8th schedule languages.

Grounds (in the nature of requirements) on which personal data can be processed have been clearly specified.

First requirement is that personal data of an individual is processed only in accordance with provisions of this Bill. The second requirement is that such processing is done only for a purpose which is not forbidden by law. The third requirement is that before the personal data of an individual can be processed, the individual should have either given consent to the processing for stated purposes or deemed to have given consent in certain limited circumstances.

Law requires Every individual should know what items of personal data a Data Fiduciary wants to collect and the purpose of such collection and further processing.

Clearly defined situations wherein insisting on consent would be counterproductive have been listed under the Deemed Consent provision in the Bill.

The fundamental principle is that a Data Fiduciary is ultimately responsible for processing of personal data of an individual. It is the responsibility of Data Fiduciary to ensure that all reasonable safeguards are taken to prevent personal data breach.

Personal data of children is a special category on account of the identifiable group i.e. children in need of greater protection. Recognising this, it has been provided in the Bill that no processing of personal data that is likely to cause harm to a child should be done. Further, special role of parents and guardian in the context of children’s personal data has been recognised.

A specific category called Significant Data Fiduciary has been mentioned in the Bill. This category needs to fulfil certain additional obligations to enable greater scrutiny of its practices.

It has been provided in the Bill that personal data may be transferred to certain notified countries and territories.

The Data Protection Board is the body tasked with enforcement of provisions of this Act.

https://www.meity.gov.in/writereaddata/files/The%20Digital%20Personal%20Data%20Potection%20Bill%2C%202022_0.pdf

https://www.meity.gov.in/writereaddata/files/Notice%20-%20Public%20Consultation%20on%20DPDP%202022_1.pdf

https://www.meity.gov.in/writereaddata/files/Explanatory%20Note-%20The%20Digital%20Personal%20Data%20Protection%20Bill%2C%202022.pdf

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