Centre circulates new draft of Digital Personal Data Protection Bill; invites public comments till 17th December, 2022
The Ministry of Electronics and Information Technology (“MEITY”) has circulated a new draft of the Digital Personal Data Protection Bill (“Bill”) today. The Bill provides for processing of digital personal *data in a manner that recognizes both the right of individuals to protect their personal data and the need to process personal data for lawful purposes, and for matters connected therewith or incidental thereto.
MEITY has invited feedback from the public on the Bill. The feedback on the Bill may be submitted in a chapter wise manner on https://innovateindia.mygov.in/digital-data-protection/ by 17th December 2022.
Applicability:
The provisions of the Bill will apply to the **processing of digital personal data within the territory of India where:
(a) such personal data is collected from ***Data Principals online; and
(b) such personal data collected offline, is digitized.
The provisions of the Bill will also apply to processing of digital personal data outside the territory of India, if such processing is in connection with any profiling of, or activity of offering goods or services to Data Principals within the territory of India.
Please note, the Bill will not apply to:
• non-automated processing of personal data
• offline personal data
• personal data processed by an individual for any personal or domestic purpose; and
• personal data about an individual that is contained in a record that has been in existence for at least 100 years.
We are attaching a copy of the Bill for your reference. We will be sharing the key highlights of the Bill shortly.
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*data means a representation of information, facts, concepts, opinions or instructions in a manner suitable for communication, interpretation or processing by humans or by automated means
**“processing” in relation to personal data means an automated operation or set of operations performed on digital personal data, and may include operations such as collection, recording, organisation, structuring, storage, adaptation, alteration, retrieval, use, alignment or combination, indexing, sharing, disclosure by transmission, dissemination or otherwise making available, restriction, erasure or destruction
***Data Principals means the individual to whom the personal data relates and where such individual is a child includes the parents or lawful guardian of such a child
Source: Ministry of Electronics and Information Technology
