10 Aug,2023 Introduction to the Digital Personal Data Protection Bill, 2023 Flashcards
What is the aim of the Digital Personal Data Protection Bill, 2023?
The aim of the Digital Personal Data Protection Bill, 2023 is to provide strong protection and privacy of personal data.
Who does the Digital Personal Data Protection Bill, 2023, apply to?
The bill applies to the processing of digital personal data within India and may also apply outside India if it is for offering goods or services in India.
How can personal data be processed?
Personal data can only be processed after obtaining the consent of the individual. Consent can be withdrawn at any point in time.
What are the rights of data principals?
Data principals have the right to:
* Obtain information about the processing of their personal data
* Request correction or erasure of their personal data
* Nominate another person to exercise their rights in the event of their death or incapacity
* File a complaint with the Data Protection Board of India
What penalties can be imposed for violation of duties by data principals?
Violation of duties by data principals can result in a penalty of up to ₹10,000.
What are the obligations of data fiduciaries?
Data fiduciaries must:
* Make reasonable efforts to ensure the accuracy and completeness of personal data
* Build reasonable security safeguards to prevent a data breach
* Inform the Data Protection Board of India and affected persons in the event of a data breach
* Erase personal data as soon as the purpose has been met and retention is not necessary for legal purposes
Who are significant data fiduciaries and what additional obligations do they have?
Certain data fiduciaries may be designated as significant data fiduciaries, who will have certain additional obligations including appointing a data protection officer and undertaking impact assessment and compliance audit.
What are the exemptions in the Bill?
The rights of the data principal and obligations of data fiduciaries (except data security) will not apply in specified cases. These include:
* Prevention and investigation of offenses
* Enforcement of legal rights or claims
* Processing by government entities in the interest of the security of the state and public order
* Research, archiving, or statistical purposes
What are the restrictions on the processing of personal data of children?
Data fiduciaries must not undertake processing that is likely to cause any detrimental effect on the well-being of the child, and tracking, behavioral monitoring, or targeted advertising.
What are the rules on cross-border transfer of data?
The Bill allows the transfer of personal data outside India, except to countries restricted by the government through notification.
What is the role of the Data Protection Board of India?
The Data Protection Board of India will be responsible for monitoring compliance with the Bill, imposing penalties, and hearing grievances made by affected persons.
What are some key issues and analysis points regarding the bill?
Key issues include potential violation of the fundamental right to privacy due to exemptions, absence of rights like data portability and right to be forgotten, and inadequate regulation of risks from data processing and cross-border data transfers.
