Data Protection Bill Approved by Cabinet Now Awaits Passage in Parl, to Ensure Gender Empowerment

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Giving details on procurement of data, a source told News18 that it will be done only for a “lawful purpose”. The individual should either give his or her consent before the processing of their personal data or such personal data be processed for certain legitimate uses”

In yet another move to ensure gender empowerment, the government, which will bring in the Digital Personal Data Protection Bill, 2022 for passage in the upcoming Monsoon Session of Parliament, will also see individuals being referred to as ‘she’ or ‘her’ — a first in India’s legislative history.

The Data Protection Bill, which was earlier informally examined by the IT Committee in Parliament, was approved by the Narendra Modi-led Cabinet on Wednesday, say top sources.

“Grounds on which personal data can be processed have been clearly specified. The requirement is that the personal data of an individual is processed only in accordance with provisions of the Bill,” a top source in the Ministry of Information & Technology told News18.

Giving further details on procurement of data, the source said it will be done only for a “lawful purpose”. The individual should either give his or her consent before the processing of their personal data or such personal data be processed for certain legitimate uses.”

The finer lines of the Bill state that the Data Fiduciary must retain personal data only so long as it is required for the purpose for which it was collected. It is the responsibility of Data Fiduciary to ensure that all reasonable safeguards are taken to prevent personal data breach.

The Bill, which has been drafted to ensure a safe and trusted internet for the users, despite being extremely technical in nature, is prepared in simple language for the understanding of the common man, with some basic understanding of the law, IT ministry sources told News18.

Given the huge diversity of India, one of the features of the Bill is enabling individuals to access basic information in the language of their choice. All the languages in the 8th Schedule would be included in this list of languages available to individuals.

The new Bill, if passed by Parliament, would replace the current Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, which was notified in 2011.