The Digital Personal Data Protection Bill, 2023 (“Bill”) was introduced in the Lok Sabha, with a view to enact a legislation which provides for processing of digital personal data in a manner which recognises the right of individuals to protect their personal data and the need to process such personal data for lawful purposes and for matters connected therewith or incidental thereto.
Applicability:
The Bill applies to:
- *processing of **digital personal data within the territory of India where the personal data is collected:
- in digital form; or
- in non-digital form and digitised subsequently;
- processing of digital personal data outside the territory of India, if such processing is in connection with any activity related to offering of goods or services to ***Data Principals within the territory of India.
The Bill will not apply to:
- ****personal data processed by an individual for any personal or domestic purpose; and
- personal data that is made or caused to be made publicly available by:
-
- the Data Principal to whom such personal data relates; or
- any other person who is under an obligation under any law for the time being in force in India to make such personal data publicly available.
Background:
The Centre had introduced Personal Data Protection Bill, 2019 in December 2019 which was then referred to a Joint Committee. The Committee tabled its report in the Parliament in 2021. The report contained general recommendations and review of the 2019 Bill basis comments/ suggestions of the Committee. The Annexure to the report contained a draft ‘Data Protection Act 2021’ which incorporated changes suggested by the Committee.
Subsequently, in 2022, Ministry of Electronics and Information Technology (“MEITY”) withdrew the Personal Data Protection Bill, 2019 and proposed a new Bill to fit into the comprehensive legal framework basis the recommendations made by the Joint Parliamentary Committee. In November, 2022 the draft of the Digital Data Protection Bill, 2022 was introduced and comments and suggestions were sought from the public (please refer to the e-mails in trail for details).
Now, the Digital Personal Data Protection Bill, 2023 has been introduced in the Lok Sabha.
We are attaching a copy of the Bill for your reference. We will be sharing the key highlights shortly.
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*“processing” in relation to personal data, means a wholly or partly automated operation or set of operations performed on digital personal data, and includes operations such as collection, recording, organisation, structuring, storage, adaptation, retrieval, use, alignment or combination, indexing, sharing, disclosure by transmission, dissemination or otherwise making available, restriction, erasure or destruction
**“digital personal data” means personal data in digital form;
[“data” means a representation of information, facts, concepts, opinions or instructions in a manner suitable for communication, interpretation or processing by human beings or by automated means]
***“Data Principal” means the individual to whom the personal data relates and where such individual is— (i) a child, includes the parents or lawful guardian of such a child; (ii) a person with disability, includes her lawful guardian, acting on her behalf;
****“personal data” means any data about an individual who is identifiable by or in relation to such data
Source: Lok Sabha
