INTRODUCTION

India, being an emerging nation, is experiencing rapid development, particularly in the realm of technologies. One such outstanding instance is India’s transition to a purely digital economy. However, in a nation like India, the lack of regulations regarding data protection has harmed the expectation of privacy guaranteed by the Indian Constitution; the requirement for such laws was highlighted by the court’s ruling in the instance of K.S. Puttaswamy, J. v. Union of India and others.

HISTORY OF THE DATA PROTECTION BILL

As a result of the increasing number of people using the internet and the broad use of technology, an immense amount of sensitive information has been generated. This data has been gathered without the consent or accountability of individuals, raising worries regarding privacy violations.

In response to increasing concerns about data privacy, a group of experts was formed in 2012 to outline core areas of data privacy protection, such as transparency, collection and purpose constraints, security, confidentiality, consent gathering, availability of data, and correction, and observe them by investigating authorities. Several individuals were concerned about the growing popularity of Aadhar. Several petitions have been brought to the Supreme Court, alleging threats to privacy as a result of data breaches, etc.

Soon after recognising the need for such data protection laws in India, the authorities of India’s Ministry of Communication and Information Technology developed a group of ten specialists led by Justice B.N. Sri Krishna, a former member of the Supreme Court, within July 2017 to look into the problem-solving of the desire for laws governing data protection. The B.N. Krishna Committee of the Supreme Court published its report on July 27, 2018.

Immediately following that, on December 11th, 2019, the Indian Parliament accepted the Drafted Personal Data Protection Bill, 2019. The primary purpose of this legislation is to address rising data security and confidentiality issues by promoting an environment that encourages the growth of a democratic and equitable digital economy while protecting Indians’ right to privacyg an environment that encourages the growth of a democratic and equitable digital economy while protecting Indians’ right to privacy. This Data Privacy Bill 2019 creates an independent Data Security Authority (DPA) to oversee data protection issues and allows for specific exclusions and their justifications.

CURRENT SCENERIO:

The Department of the Ministry of Information Technology and Electronics proposed a new law, the Digital Personal Data Protection Bill 2022, on November 18, 2022. If approved by Parliament, it will substitute for the 2011 rules as well as some elements of the current legislation. The bill intends to impose requirements on corporations that establish the aims and methods of data processing (referred to as “data fiduciaries”). Organisations that collect identifiable information from users for the purpose of selling and delivering groceries, for example, conclude that the aim of collection is to assist with the purchase and shipment of goods. It also attempts to govern firms that process this kind of information (known as “data processors”) in accordance with the companies’ decisions.

For instance, if an application employs the services of an internet storage provider to keep sensitive data, such a provider would only operate on orders from the corporation. Aside from that, the bill specifies the legal rights of the people to whom personal data relates (referred to as “data principals”).

SCOPE OF PROPOSED BILL

In accordance with the PDP Bill, 2019, personal information refers to any data that can be used to either directly or indirectly pin down any natural person, whether or not online or offline, containing every characteristic, trait, characteristic, or feature that establishes one’s identity in regard to a natural person, and in any of these combinations that can be utilised in determining a person, it will be categorised as “personal data” and thus fall under the authority of the Personal Data Protection Bill.

Personal data processing by trusted third parties or data processors that are not present on Indian territory if such handling is in conjunction with any business that is carried out in India or any continuous activity of supplying products or services to data protagonists on Indian territory

This regulation is intended to govern the collection and use of individual information that has been acquired, released, exchanged, or otherwise processed inside the territory of India. Personal data processing by the government of India, any Indian enterprise, any Indian citizen, or any other individual or body of individuals incorporated or constituted under Indian law.

REQUIREMENT OF THE SURVEY AND METHODOLOGY

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