- Scope and Definitions: The Act would define personal data broadly, encompassing any information that can directly or indirectly identify an individual. It would apply to data collected, processed, or stored electronically or through automated means.
- Data Protection Principles:
○ Consent: Individuals’ consent would be central to the collection, processing, and storage of their personal data. Clear and informed consent mechanisms would be required.
○ Purpose Limitation: Data could only be collected for specific, legitimate purposes disclosed to individuals.
○ Data Minimization: Organizations would be required to collect only the data necessary for their purposes and retain it for the minimum necessary period.
○ Security Safeguards: Strong measures would be mandated to protect personal data from unauthorized access, disclosure, alteration, or destruction.
○ Accountability: Data controllers would be accountable for compliance with the Act and would need to demonstrate their adherence to data protection principles. - Rights of Individuals:
○ Access and Rectification: Individuals would have the right to access their data held by organizations and correct any inaccuracies.
○ Data Portability: Individuals could request their data in a commonly used electronic format to transfer to another organization.
○ Erasure (Right to be Forgotten): Individuals could request the deletion of their personal data when it’s no longer necessary for the purposes for which it was collected.
○ Restriction of Processing: Individuals could restrict the processing of their personal data in certain circumstances. - Data Transfers: Cross-border transfers of personal data would be regulated, ensuring that adequate protections are in place when data is transferred to jurisdictions lacking adequate data protection laws.
- Role of Data Protection Authority: A regulatory body, such as a Data Protection Authority (DPA), would be established to oversee compliance with the Act, handle complaints, conduct audits, and enforce penalties for violations.
- Enforcement and Penalties: Organizations found in breach of the Act could face significant fines proportionate to the severity of the violation. Individuals affected by data breaches or non compliance could seek legal remedies.
- Special Provisions: Special protections would likely be included for sensitive personal data (e.g., health information, biometric data, religious beliefs) requiring stricter safeguards.
Conclusion
A comprehensive Digital Personal Data Protection Act would aim to balance the benefits of digital innovation with robust protections for individuals’ privacy rights. It would provide clear guidelines for organizations handling personal data, enhance consumer trust in digital services, and align India with global standards on data protection. As with any legislation, the effectiveness of such an Act would depend on its implementation, enforcement mechanisms, and adaptation to evolving technological and societal changes.
Author: Adv. Aakriti Rai
Date: 15th July 2024