By Jaspreet Singh
In a significant step towards improving data privacy, India’s Lok Sabha and Rajya Sabha has given a green light to the Digital Personal Data Protection Bill (DPDP) 2023, legislation that has the potential to redefine how personal data is managed and protected in the world. interior of the country.
At the heart of this transformative bill is the concept of “data principles.” These principles revolve around the fundamental idea that individuals have legitimate control over their personal data, which requires responsible and ethical processing by entities and organizations. Let us analyze the key aspects of the data principles outlined in the DPDP bill and their implications:
Emancipation through rights:
According to the DPDP bill, the data principles encompass a set of rights that give individuals control over their personal data. These rights include the right to access your data, correct inaccuracies, remove or delete information, designate authorized nominees and seek remedies for complaints. This accountability ensures that individuals have a say in how their data is processed by data fiduciaries or data processors and improving transparency, accountability in data processing practices.
Informed consent as a cornerstone:
The bill emphasizes the importance of explicit and informed consent before collecting or processing any personal data. Consent must be free, specific, informed, unconditional and unambiguous. The law places control firmly in the hands of individuals, enabling them to make informed decisions about the use of their data. The bill also introduces a “consent manager,” which simplifies the process for people to manage and change their consent preferences.
Protection of Vulnerable Segments:
Recognizing the importance of safeguarding sensitive data, especially those of children, the DPDP bill introduces stringent measures. Data fiduciaries are required to obtain verifiable parental consent before processing children’s data. Harmful practices directed at children are strictly prohibited, ensuring their digital safety and privacy.
Increase accountability and transparency:
The DPDP bill introduces the concept of “data fiduciaries”: entities or persons responsible for determining the purpose and methods of processing personal data. These data fiduciaries are entrusted with the task of handling data responsibly, ensuring its legal use and safeguarding people’s rights. This fosters a culture of accountability and transparency in data management practices.
The introduction of data principles into the DPDP bill signifies a fundamental shift towards data sovereignty and individual empowerment. It embodies the essence of privacy as a fundamental right and aligns India with global data protection standards. As the bill progresses through the legislative processes, it has the potential to set a precedent for responsible data stewardship and inspire similar efforts around the world.
The author is partner and clients and markets leader – advisory services, Grant Thornton