<p>Days after Lok Sabha gave its approval to the digital personal data protection bill, 2023, on Wednesday (August 9) Rajya Sabha, the upper house of Indian parliament, also passed the bill.&nbsp;</p>

<p>The legislation, in its latest form, maintains the provisions from the initial version introduced last November, including aspects that were raised as concerns by privacy specialists, like exceptions for the central authority. The revised version of the proposed law has additionally granted the central government authority over virtual censorship.</p>

<p>This marks India's second attempt at developing privacy-oriented legislation, following the government's consideration and abandonment of at least three prior drafts of data protection laws.</p>

<p>The next step involves the Bill's approval by President Droupadi Murmu before&nbsp;it can be enacted into law.</p>

<p>The bill, aimed at regulating and safeguarding the use of personal data, was presented by Union Communications, Electronics, and Information Technology Minister Ashwini Vaishnaw.</p>

<p>However, the bill's introduction was met with strong opposition from leaders of the Opposition, who argued that it infringes upon the fundamental right to privacy.</p>

<p>The debate surrounding the bill revolved around concerns raised by the Opposition, including the demand that the bill undergo thorough scrutiny by the standing committee, citing the withdrawal of a previous data protection bill by the government last year.</p>

<p>Vaishnaw defended the bill, asserting that it is not a money bill and that all concerns raised by the Opposition would be addressed in the subsequent debate.</p>

<p><strong>Watch this report</strong></p>

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<h2><strong>Government's perspective: Safeguarding citizens' rights</strong></h2>

<p>While the Opposition voiced its concerns, Minister of State for Electronics and Information Technology, Rajeev Chandrasekhar, took to X (previously Twitter), to emphasise the bill's significance.</p>

<p>He commended the bill as a crucial step towards realising Prime Minister Narendra Modi's vision of establishing global-standard cyber laws for India's thriving digital economy.</p>

<p>Chandrasekhar highlighted that extensive consultations with stakeholders, including citizens, have contributed to the bill's development. He underlined that the bill, once enacted, would ensure citizens' rights, foster innovation, and enable legitimate government access in scenarios like national security threats and emergencies, such as pandemics or earthquakes.</p>

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<blockquote class="twitter-tweet">
<p dir="ltr" lang="en">What is the Digital Personal Data Protection Bill ?<br />
<br />
➡️ <a href="https://twitter.com/hashtag/DPDPBill?src=hash&amp;ref_src=twsrc%5Etfw">#DPDPBill</a> introduced in <a href="https://twitter.com/hashtag/Parliament?src=hash&amp;ref_src=twsrc%5Etfw">#Parliament</a> is a very significant milestone in PM <a href="https://twitter.com/narendramodi?ref_src=twsrc%5Etfw">@narendramodi</a> ji's vision of Global Standard Cyber Laws for India's $1T <a href="https://twitter.com/hashtag/DigitalEconomy?src=hash&amp;ref_src=twsrc%5Etfw">#DigitalEconomy</a> &amp; <a href="https://twitter.com/hashtag/IndiaTechade?src=hash&amp;ref_src=twsrc%5Etfw">#IndiaTechade</a><br />
<br />
➡️ <a href="https://twitter.com/GoI_MeitY?ref_src=twsrc%5Etfw">@GoI_MeitY</a> has developed this bill after… <a href="https://t.co/a8tHXJl537">pic.twitter.com/a8tHXJl537</a></p>
— Rajeev Chandrasekhar 🇮🇳 (@Rajeev_GoI) <a href="https://twitter.com/Rajeev_GoI/status/1687033454746341376?ref_src=twsrc%5Etfw">August 3, 2023</a></blockquote>
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<p><strong>Also read |</strong>&nbsp;<a href="https://www.wionews.com/videos/data-protection-bill-is-much-needed-in-our-current-scenario-says-rahul-matthan-partner-trilegal-538748">"Data Protection Bill is much needed in our current scenario", says Rahul Matthan, Partner, Trilegal</a></p>

<h2><strong>Understanding the </strong> Digital Personal Data Protection<strong>&nbsp;Bill</strong></h2>

<p>The Digital Personal Data Protection (DPDP) Bill is a comprehensive legislative framework designed to delineate the rights and responsibilities of both citizens, referred to as "Digital Nagriks," and data fiduciaries – entities collecting and using personal data.</p>

<p>The bill is founded upon six fundamental principles aimed at governing the data economy.</p>

<p>The<strong> first </strong>principle underscores that the collection and utilisation of personal data must be lawful, secure against breaches, and transparent.</p>

<p>The <strong>second</strong> principle emphasises that data collection activities must have a legal purpose, and the collected data should be safeguarded until that purpose is fulfilled.</p>

<p>The <strong>third</strong> principle advocates for data minimisation, asserting that only pertinent information should be collected, and data usage should adhere to predefined objectives.</p>

<p>The <strong>fourth</strong> and <strong>fifth</strong> principles pertain to data protection, accountability, and accuracy. The <strong>final</strong> principle dictates the protocols for reporting data breaches, stipulating a fair and transparent process to inform Data Protection Boards of such incidents.</p>

<h2><strong>Key provisions and proposals of the DPDP Bill</strong></h2>

<p>The DPDP Bill introduces several significant provisions to ensure data protection, privacy, and accountability:</p>

<ol>
	<li>
	<p><strong>Consent criteria:</strong> The bill mandates that processing personal data requires the explicit and informed consent of the individual, given freely and unambiguously. While consent remains central, a clause of deemed consent addresses situations where explicit consent is not mandatory.</p>
	</li>
	<li>
	<p><strong>Data localisation and cross-border transfer:</strong> The bill permits cross-border data flow to specific countries and territories, accompanied by relaxed data localisation requirements, enabling greater flexibility in data handling.</p>
	</li>
	<li>
	<p><strong>Data retention:</strong> A Data Protection Board, designed to be digitally proficient, will be established to oversee compliance and impose penalties. Data fiduciaries can retain personal data for business purposes even beyond the initial collection purpose.</p>
	</li>
	<li>
	<p><strong>Penalties for data breaches:</strong> In cases of data breaches, the bill proposes substantial penalties. Failure to report a breach to the Data Protection Board and affected individuals could lead to a penalty of ₹200 crore (US$2,41,53,560).&nbsp;Additionally, data fiduciaries or processors failing to ensure reasonable security safeguards could face penalties up to ₹250 crore (US$3,01,90,875).&nbsp;</p>
	</li>
	<li>
	<p><strong>Board-mandated penalties:</strong> The Board holds the authority to impose penalties outlined in Schedule 1 of the bill, with each instance not exceeding ₹500 crore (US$6,03,81,750), if non-compliance by an entity is deemed significant.</p>
	</li>
</ol>

<p><strong>Also read |&nbsp;</strong><a href="https://www.wionews.com/business-economy/india-imposes-anti-dumping-duty-on-optical-fibre-imports-from-china-korea-and-indonesia-622237">India imposes anti-dumping duty on optical fibre imports&nbsp;from China, Korea and Indonesia&nbsp;</a></p>

<h2><strong>Scope and applicability of the DPDP Bill</strong></h2>

<p>The DPDP Bill's scope encompasses the processing of 'Digital Personal Data' within India's borders. It excludes non-personal data and data in non-digital formats from its purview.</p>

<p>The bill applies to digital personal data processing within India and abroad, particularly in cases of profiling or providing goods and services to Indian data subjects.</p>

<p>However, it does not extend to non-automated processing, processing for personal purposes by individuals, or personal data in records over a century old.</p>

<p>The introduction of the Digital Personal Data Protection Bill, 2023, stands as a significant development in India's journey towards a robust digital economy while safeguarding citizens' privacy and data rights.</p>

<p><em>(With inputs from agencies)</em></p>

<p>&nbsp;</p>

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Days after Lok Sabha gave its approval to the digital personal data protection bill, 2023, on Wednesday (August 9) Rajya Sabha, the upper house of Indian parliament, also passed the bill.

Days after Lok Sabha gave its approval to the digital personal data protection bill, 2023, on Wednesday (August 9) Rajya Sabha, the upper house of Indian parliament, also passed the bill. The legislation, in its latest form, maintains the provisions from the initial version introduced last November, including aspects that were raised as concerns by privacy specialists, like exceptions for the central authority. The revised version of the proposed law has additionally granted the central government authority over virtual censorship. This marks India's second attempt at developing privacy-oriented legislation, following the government's consideration and abandonment of at least three prior drafts of data protection laws. The next step involves the Bill's approval by President Droupadi Murmu before it can be enacted into law. The bill, aimed at regulating and safeguarding the use of personal data, was presented by Union Communications, Electronics, and Information Technology Minister Ashwini Vaishnaw. However, the bill's introduction was met with strong opposition from leaders of the Opposition, who argued that it infringes upon the fundamental right to privacy. The debate surrounding the bill revolved around concerns raised by the Opposition, including the demand that the bill undergo thorough scrutiny by the standing committee, citing the withdrawal of a previous data protection bill by the government last year. Vaishnaw defended the bill, asserting that it is not a money bill and that all concerns raised by the Opposition would be addressed in the subsequent debate. Watch this report Government's perspective: Safeguarding citizens' rights While the Opposition voiced its concerns, Minister of State for Electronics and Information Technology, Rajeev Chandrasekhar, took to X (previously Twitter), to emphasise the bill's significance. He commended the bill as a crucial step towards realising Prime Minister Narendra Modi's vision of establishing global-standard cyber laws for India's thriving digital economy. Chandrasekhar highlighted that extensive consultations with stakeholders, including citizens, have contributed to the bill's development. He underlined that the bill, once enacted, would ensure citizens' rights, foster innovation, and enable legitimate government access in scenarios like national security threats and emergencies, such as pandemics or earthquakes. What is the Digital Personal Data Protection Bill ? ➡️ #DPDPBill introduced in #Parliament is a very significant milestone in PM @narendramodi ji's vision of Global Standard Cyber Laws for India's $1T #DigitalEconomy & #IndiaTechade ➡️ @GoI_MeitY has developed this bill after… pic.twitter.com/a8tHXJl537 — Rajeev Chandrasekhar 🇮🇳 (@Rajeev_GoI) August 3, 2023 × Also read | "Data Protection Bill is much needed in our current scenario", says Rahul Matthan, Partner, Trilegal Understanding the Digital Personal Data Protection Bill The Digital Personal Data Protection (DPDP) Bill is a comprehensive legislative framework designed to delineate the rights and responsibilities of both citizens, referred to as "Digital Nagriks," and data fiduciaries – entities collecting and using personal data. The bill is founded upon six fundamental principles aimed at governing the data economy. The first principle underscores that the collection and utilisation of personal data must be lawful, secure against breaches, and transparent. The second principle emphasises that data collection activities must have a legal purpose, and the collected data should be safeguarded until that purpose is fulfilled. The third principle advocates for data minimisation, asserting that only pertinent information should be collected, and data usage should adhere to predefined objectives. The fourth and fifth principles pertain to data protection, accountability, and accuracy. The final principle dictates the protocols for reporting data breaches, stipulating a fair and transparent process to inform Data Protection Boards of such incidents. Key provisions and proposals of the DPDP Bill The DPDP Bill introduces several significant provisions to ensure data protection, privacy, and accountability: Consent criteria: The bill mandates that processing personal data requires the explicit and informed consent of the individual, given freely and unambiguously. While consent remains central, a clause of deemed consent addresses situations where explicit consent is not mandatory. Data localisation and cross-border transfer: The bill permits cross-border data flow to specific countries and territories, accompanied by relaxed data localisation requirements, enabling greater flexibility in data handling. Data retention: A Data Protection Board, designed to be digitally proficient, will be established to oversee compliance and impose penalties. Data fiduciaries can retain personal data for business purposes even beyond the initial collection purpose. Penalties for data breaches: In cases of data breaches, the bill proposes substantial penalties. Failure to report a breach to the Data Protection Board and affected individuals could lead to a penalty of ₹200 crore (US$2,41,53,560). Additionally, data fiduciaries or processors failing to ensure reasonable security safeguards could face penalties up to ₹250 crore (US$3,01,90,875). Board-mandated penalties: The Board holds the authority to impose penalties outlined in Schedule 1 of the bill, with each instance not exceeding ₹500 crore (US$6,03,81,750), if non-compliance by an entity is deemed significant. Also read | India imposes anti-dumping duty on optical fibre imports from China, Korea and Indonesia Scope and applicability of the DPDP Bill The DPDP Bill's scope encompasses the processing of 'Digital Personal Data' within India's borders. It excludes non-personal data and data in non-digital formats from its purview. The bill applies to digital personal data processing within India and abroad, particularly in cases of profiling or providing goods and services to Indian data subjects. However, it does not extend to non-automated processing, processing for personal purposes by individuals, or personal data in records over a century old. The introduction of the Digital Personal Data Protection Bill, 2023, stands as a significant development in India's journey towards a robust digital economy while safeguarding citizens' privacy and data rights. (With inputs from agencies) WATCH WION LIVE HERE:

Explained | Rajya Sabha passes Digital Personal Data Protection Bill. All you need to know

<p>The world’s second-largest data market, India on Thursday (August 3) moved a step closer to having its major privacy bill, which had been in-the-making for the last five years.</p>

<p>India’s IT minister Ashwini Vaishnaw tabled the Digital Personal Data Protection (DPDP) Bill, 2023 in the parliament a year after an older version of the draft was withdrawn following criticism from tech giants.&nbsp;</p>

<h2><strong>Provisions of the bill</strong></h2>

<p>Named as the Digital Personal Data Protection Bill, this proposed law aims to grant significant decision-making authority to the Central government.&nbsp;</p>

<p>This authority encompasses the ability to exempt specific data-handling entities, such as startups, from certain regulations, if deemed necessary. Additionally, it permits the processing of children's data, provided the responsible entity demonstrates sufficient protective measures.</p>

<p>Under the proposed law,&nbsp;the government will also have the power to identify countries where the transfer of individuals' personal data is prohibited, a change from the previous bill draft that suggested allowing data transfers to "notified countries and territories."</p>

<h2><strong>Severe penalty of as much as $30 million</strong></h2>

<p>The bill mandates that the public must provide accurate personal information and refrain from impersonating others. Failure to adhere to these responsibilities may result in penalties for individuals, ranging up to $121 (10,000 Indian rupees).&nbsp;</p>

<p>For data-handling entities that violate the law, fines could be as high as $30 million (250 crore&nbsp;Indian rupees).</p>

<p>The bill outlines the provision of appealing decisions made by the data protection board to the Telecom Disputes Settlement and Appellate Tribunal within a 60-day timeframe.</p>

<h2><strong>Tight regulations around user data</strong></h2>

<p>The bill specifies&nbsp;that entities collecting user data must obtain explicit consent from users. Consent requests should be communicated in clear and simple language.&nbsp;</p>

<p><strong>Watch:&nbsp;"Data Protection Bill is much needed in our current scenario,"&nbsp;says Rahul Matthan, Partner, Trilegal</strong></p>

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<p>Users also retain the right to revoke their consent at a later time. Moreover, the bill introduces a provision for establishing a mechanism to address grievances, utilising consent managers to assist users in giving, managing, reviewing, and withdrawing their consent.</p>

<h2><strong>Voluntary disclosure of a breach</strong></h2>

<p>The introduced bill also brings forth the idea of companies making voluntary disclosures in the event of a data or security breach, coupled with an alternate dispute resolution system aimed at alleviating the load on the judicial system.&nbsp;</p>

<p>A senior official from the government was quoted by Economic Times as saying, “If a company makes a mistake, they have the option of voluntary disclosure, it's like the plea bargain provision in the US law.”</p>

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The world’s second-largest data market, India on Thursday (August 3) moved a step closer to having its major privacy bill, which had been in-the-making for the last five years.

The world’s second-largest data market, India on Thursday (August 3) moved a step closer to having its major privacy bill, which had been in-the-making for the last five years. India’s IT minister Ashwini Vaishnaw tabled the Digital Personal Data Protection (DPDP) Bill, 2023 in the parliament a year after an older version of the draft was withdrawn following criticism from tech giants. Provisions of the bill Named as the Digital Personal Data Protection Bill, this proposed law aims to grant significant decision-making authority to the Central government. This authority encompasses the ability to exempt specific data-handling entities, such as startups, from certain regulations, if deemed necessary. Additionally, it permits the processing of children's data, provided the responsible entity demonstrates sufficient protective measures. Under the proposed law, the government will also have the power to identify countries where the transfer of individuals' personal data is prohibited, a change from the previous bill draft that suggested allowing data transfers to "notified countries and territories." Severe penalty of as much as $30 million The bill mandates that the public must provide accurate personal information and refrain from impersonating others. Failure to adhere to these responsibilities may result in penalties for individuals, ranging up to $121 (10,000 Indian rupees). For data-handling entities that violate the law, fines could be as high as $30 million (250 crore Indian rupees). The bill outlines the provision of appealing decisions made by the data protection board to the Telecom Disputes Settlement and Appellate Tribunal within a 60-day timeframe. Tight regulations around user data The bill specifies that entities collecting user data must obtain explicit consent from users. Consent requests should be communicated in clear and simple language. Watch: "Data Protection Bill is much needed in our current scenario," says Rahul Matthan, Partner, Trilegal × Users also retain the right to revoke their consent at a later time. Moreover, the bill introduces a provision for establishing a mechanism to address grievances, utilising consent managers to assist users in giving, managing, reviewing, and withdrawing their consent. Voluntary disclosure of a breach The introduced bill also brings forth the idea of companies making voluntary disclosures in the event of a data or security breach, coupled with an alternate dispute resolution system aimed at alleviating the load on the judicial system. A senior official from the government was quoted by Economic Times as saying, “If a company makes a mistake, they have the option of voluntary disclosure, it's like the plea bargain provision in the US law.” WATCH WION LIVE HERE ×

India: Govt tables data bill in parliament with penalties as high as $30mn for violators

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Digital Personal Data Protection Bill, News on Digital Personal Data Protection Bill, stories on Digital Personal Data Protection Bill, articles on Digital Personal Data Protection Bill, Digital Personal Data Protection Bill stories at Wion, Digital Personal Data Protection Bill news, Digital Personal Data Protection Bill latest news

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Explained | Rajya Sabha passes Digital Personal Data Protection Bill. All you need to know

India: Govt tables data bill in parliament with penalties as high as $30mn for violators