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Resource centre on India's rural distress
 
 

A closer look at the draft Data Protection Bill -Rishab Bailey

-The Hindu

Does the JPC adopted bill fail to protect individuals against Government agencies?

The story so far: The Joint Parliamentary Committee (JPC) constituted to examine India’s proposed data protection law, the Personal Data Protection Bill, 2019, released its report on Monday. It contains a number of suggestions that could strengthen the final law, among others, a recognition that promotion of the digital economy cannot take precedence over the protection of citizen rights. However, it fails significantly when dealing with a critical issue – that of protecting individuals vis-à-vis the State.

What is the State exempt from?

The State is one of the biggest processors of data, and has a unique ability to impact the lives of individuals, not least due to its monopoly over coercive powers as well as its obligation to provide welfare and services. However, as demonstrated by the Pegasus case or indeed the instances of privacy violations concerning COVID-19-related interventions, the current frameworks for protecting citizens from arbitrary and intrusive State action lack robustness. 

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