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LATEST NEWS UPDATES | Govt working on right to privacy law: Minister

Govt working on right to privacy law: Minister

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published Published on Aug 14, 2015   modified Modified on Aug 14, 2015
-The Times of India

NEW DELHI: The Centre is in the process of drafting a legislation that will guarantee protection to individuals against breach of their privacy through unlawful means, minister of state for personnel Jitendra Singh informed Rajya Sabha on Thursday.

The ministry of personnel has been working on a right to privacy law for some years now, with the first draft released in 2011. The law seeks to protect individuals against misuse of their personal data by government as well as private agencies, including unauthorized sharing of an individual's Aadhaar data by any government authority. This would cover snooping on individuals through unlawful and unauthorized interception.

The draft bill is believed to have been further refined in 2014, seeking to extend right to privacy to not only citizens of India but all its residents.

Incidentally, there are still some contentious issues, including the insistence of intelligence agencies, authorized to carry out lawful interception, on a 'blanket exemption' from penal provisions of the bill. The existing version reportedly places intelligence agencies under the scrutiny of the competent court.

The refined draft bill makes it clear that "the right to privacy is part of the right of a person under Article 21 of the Constitution and no person can disclose sensitive personal data without the prior consent of the data subject (person whose data is collected)".

The bill proposes a maximum penalty of Rs 2 crore against a person or agency involved in illegal interception of communication, though it seeks to exempt intelligence and law enforcement agencies from its purview with some riders.

Also, it seeks to impose Rs 50 lakh penalty on a government official or employee of a telecom service provider found guilty of disclosing prohibited personal data. A penalty of Rs 50 lakh is also to be imposed in case data is obtained on false pretext. The proposed penalty for stealing personal data is Rs 10 lakh for the first attempt and Rs 20 lakh in case of a repeat offence.

The new draft bill will have a special clause exempting the intelligence agencies from the scrutiny of Data Protection Authority (DPA). However, a competent court can put the action of the intelligence agencies under scrutiny.

The Times of India, 14 August, 2015, http://timesofindia.indiatimes.com/india/Govt-working-on-right-to-privacy-law-Minister/articleshow/48476530.cms


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