The Digital Personal Data Protection Bill 2023: Safeguarding India's Data Landscape

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By Sandigdha Mishra, Adv.
Legal Consultant, School Compliance, Child Protectionist, Life Coach
advocate.sandigdhamishra@gmail.com
https://www.linkedin.com/in/sandigdhamishra/




In a significant step towards fortifying India's data privacy ecosystem, President Draupadi Murmu has given her assent for the data protection bill, 2003 on 11th of August, 2023, the Rajya Sabha passed the Digital Personal Data Protection Bill, 2023 on August 9th and with the Lok Sabha's prior approval on August 7th,  this gave India it's data privacy law which addresses the citizen's personal data including Children. This bill/law is designed to regulate the handling of digital personal data, has far-reaching implications for data protection, consent, and accountability within the country.

The bill/law is meticulously crafted to cover a wide range of scenarios involving digital personal data. It applies to data collected within India, whether in digital form or non-digital form that is subsequently digitised. Additionally, the legislation reaches beyond India's borders, asserting jurisdiction over the processing of digital personal data even if done outside the country's territory, if connected to offering goods or services to data principals within India. This extraterritorial approach ensures that data generated by Indian citizens, regardless of its physical location, receives due protection.




One of the most notable aspects of the Digital Personal Data Protection Bill 2023 is its emphasis on safeguarding the privacy of children's digital data. Recognising the unique vulnerabilities of minors, the bill imposes stringent requirements on data fiduciaries when processing data related to children. Data fiduciaries means the persons, organization, establishment, companies and government entities who process data (that is, collection, storage or any other operation on personal data). The bill mandates that any processing of a child's data should be subject to heightened protection.

Data fiduciaries, entities responsible for collecting and processing personal data, are required to obtain verifiable consent from the legal guardians before processing a child's personal data. This provision ensures that parents or guardians are actively involved in determining how their child's data is used. Furthermore, the bill stipulates that data fiduciaries cannot engage in any data processing that could adversely affect a child's well-being. This step is designed to prevent the exploitation of children's data for purposes that could be detrimental to their mental, emotional, or physical health.




The Digital Personal Data Protection Bill 2023 takes a firm stance on accountability and consequences for non-compliance. The bill establishes a schedule of penalties for various offenses, providing a robust deterrent against data mishandling. For instance, failure to fulfil obligations regarding children's data protection could result in penalties of up to Rs 200 crore. Similarly, failing to implement adequate security measures to prevent data breaches may incur fines of up to Rs 250 crore.

Importantly, the imposition of penalties will follow a due process. The regulatory authority responsible for overseeing data protection, referred to as the Board, will conduct inquiries before imposing penalties. This approach ensures that penalties are applied fairly and based on a thorough assessment of the circumstances.

The passage of the Digital Personal Data Protection Bill 2023 is a significant stride towards enhancing data privacy and protection in India. The bill's comprehensive scope, attention to child data protection, and stringent penalties for non-compliance underscore the government's commitment to creating a robust data protection framework. As India's digital landscape continues to expand, the law's effectiveness in balancing data-driven innovation with individual privacy rights will play a crucial role in shaping the country's future data ecosystem.

You may refer the bill as introduced in Sansad: 

https://sansad.in/ls/legislation/bills




Thank you!

advocate.sandigdhamishra@gmail.com.

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