Approach:

Introduction: Brief over the Digital Data Protection Bill 2022.

Body: Tell how this bill will protect the data of citizens; bring ease of doing business for industry and ensure governance and national security.

Conclusion: Tell though it is having a shortcoming of checks and balances on the central government it incorporated the interests of all the stakeholders.  

Answer:

The recently introduced Digital Personal Data Protection Bill, 2022 is a part of a comprehensive framework of laws and rules that include the IT rules, DPDP bill, National Data Governance Framework Policy and a new Digital India Act to govern more than 760 million internet users in India.

Data protection for citizens:

• The Digital Data Protection Board of India, to adjudicate disputes of abuse and misuse of personal data, along with deciding the penalties
• stiff penalties –up to Rs 500 crore – for data breach as well as failure to intimate users or the government about it and Rs 200 crore in event of a personal data breach
• Provision of Parental consent is needed for the processing of data of a child (18 years)
• “Consent Manager” for managing, reviewing or withdrawing consent on behalf of user through a transparent and interoperable platform
• Users will also have the right to obtain a summary of the personal data, and identities of all the Data Fiduciaries with whom the personal data has been shared.

Ease of doing business for industry:

• Provisions of liberalising cross border flow of data from specified countries and not localisation of data will help tech process and transfer data in India's fast-growing digital market.
• Differentiation of personal and non- personal data.

Governance and national security:

• The federal government would have powers to exempt state agencies from provisions of the bill "in the interests of sovereignty and integrity of India" and to maintain public order.
• Data Protection Officer and an Independent Data Auditor who will evaluate its compliance with the regulations

It is argued that there are no "checks and balances on the central government’s power to exempt any data fiduciary being exempt from the bill. The Internet Freedom Foundation held- a lack of legislative guidance throughout the draft bill.

The bill has kept all established principles of privacy and the global experience in mind and is a good example of smart law which is simple and nimble, and manages the interests of the stakeholders, especially women, where the legislation uses only " female pronouns in the bill".