Following the landmark Puttaswamy Judgement, a committee was appointed under Justice Srikrishna in order to draft a bill for ensuring privacy and data protection. This committee proposed a bill in 2018 wherefore it was amended by the government and titled- PDP Bill, 2019 which is yet to be passed, with some significant changes-
- Section 14 states that processing of personal data for ‘other reasonable purposes’ can be done by the government and the Data Protection Authority (DPA) without obtaining consent. However, giving notice of the same to the Data Principal (person the data relates to) is not mandatory and has to be decided by the government/authority.
- Section 35 gives the Central Government power to exempt any agency of government from application of the Act i.e. surveillance of personal data can be done as well if directed and exempted by the Central Government.
- Section 91 (2) states that the Central Government can access anonymized personal data or non-personal data for better targeting of services.
- The Data Protection Authority’s powers are diluted in the 2019 Bill, for e.g. the Central Government has the power of categorizing sensitive personal data whereas in 2018 bill the same was granted to DPA.
These changes were looked down upon by Justice Srikrishna. There are various other provisions in the act that need to be in line with the principles laid down in the Privacy Judgment considering the fact that right to privacy is a fundamental right and the bill needs to guard the right and not exploit it.