To
All Data Protection Professionals in India including all the Petitioners and their representatives in the Supreme Court.
Dear Friends
Over a series of articles in Naavi.org, I have expressed my deep feelings against the demand for scrapping DPDPA and DPDPA Rules.
I am aware that the Court is unlikely to concede the prayer for scrapping of DPDPA and only consider concerns on Section 44(3) and “Exemption for Journalists” as key issues to be addressed.
In expressing my views, as a Journalist, I have been aggressive and if I have hurt any individuals in this process, I honestly express my apologies.
However, I have presented some suggestions on how the concerns of the petitioners may be addressed by reading down of the sections and providing clarity and by the Government in introducing some minor procedural changes.
I want all including the petitioners to think of these solutions and place it before the Court in the next hearing and not press for either scrapping of the DPDPA or for scrapping of Section 44(3) or for introducing a specific exemption for the Journalists.
Act is acceptable as it is and the rules are always subject to being improved. We shall all work towards improving the rules once the DPB is formed.
I request all those who have specific suggestions to address the concerns expressed to send them here for collation. They can also send it the Government so that it can be incorporated in the counter affidavit to be filed by the Government.
MeitY as well as the Solicitor General of India who may argue the case are deemed to be aware of all the 16 plus articles published here. It is their prerogative to either consider it or reject it and come up with their own suggestions or counters.
In the past we have expressed that the Government has not defended ITA 2000 properly when required and we donot want the same mistake to be repeated now. Hence we have published these articles and placed it in public domain.
This information is also now available to the Court and I request the Registrar of Supreme Court to place the reference to these publications before the Court. I am enclosing a summaary of the suggestions in a document here as an attachment through a link. This could be the starting point for further refinement with suggestions that may be given by other professionals.
Looking forward to a postitive approach to adopting DPDPA by all sections of the society including the dissenting petitioners.
Yours sincerely
Naavi
Attachment: Suggestions Made
