Safeguarding personal data: India’s new law to protect your privacy

A transformative change is on the horizon as India gears up to implement a trailblazing law safeguarding your personal data. This impending legislation will ensure that your phone number, Aadhar, PAN card, address, or location remains secure and confidential. In an era where data is shared frequently with banks, schools, social media, and government agencies, the new law aims to put you in control, preventing unauthorized access and misuse of your sensitive information.

The rise of unauthorized data sharing and breaches has left individuals vulnerable to financial losses and identity theft. Instances of fraudsters acquiring PAN cards for fraudulent purposes or obtaining loans under false pretenses highlight the critical need for data protection.

A Pathway to Data Protection:

India has taken a significant step towards data protection with the passage of the Digital Personal Data Protection Bill 2023 in the Parliament. This legislation ensures that firms are held accountable for data breaches, failing to secure personal information, or not informing users about data breaches. Penalties for such violations could range up to 250 crore rupees.

Putting Privacy at the Forefront:

The bill was set in motion after the Supreme Court declared privacy a fundamental right nearly six years ago. This prompted the government to formulate a comprehensive bill that places data protection at the center. The bill mandates firms to ensure the security of personal data, even when third-party data processors are involved. Furthermore, data can only be processed for legitimate purposes with the individual’s consent, which can also be revoked at any time.

Specific Cases of Consent:

Individuals under 18 years of age would require consent from parents or legal guardians. However, there are exceptions where consent might not be needed, such as during medical emergencies or employment-related matters. Moreover, consent is not required when data has been shared for a specific purpose and is connected to government benefits or services.

Benefits of the New Law:

The introduction of this legislation brings immense relief as your personal data will be protected from misuse. You will have the authority to seek information about data processing, make changes to your data, or even request its deletion. The law also empowers the central government to restrict the transfer of personal data outside India and ensures full control over the digitally processed data, whether collected online or offline.

Strengthening Accountability:

The penalties imposed on companies for various offenses will encourage them to exercise caution in handling personal data. A hefty fine of up to 200 crore rupees has been established for non-compliance with duties related to children’s data protection.
In conclusion, the imminent implementation of this law guarantees the safety of your personal data. It assures that the data you share remains secure, and you will have the power to access and control its usage. This legislation promises a secure digital landscape while leaving a minimal impact on the functioning of RTIs (Right to Information).

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Dr. Kirti Sisodhia

Content Writer

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