Yesterday (3rd August 2023), Government introduced the Digital Personal Data Protection Bill 2023 (DPDPB2023) in the Parliament.
As expected there were technical objections for the introduction from the opposition members some of whom wanted it to be referred to a standing committee and for presenting it as a Finance Bill. Objections were recorded on there being no provision for compensation for the data principal and the amendment to the right to information act. The minister clarified that the bill was being presented as a general bill.
Subsequently the speaker put the objections to the tabling of the bill to vote and the house by voice vote over ruled the objections. The Bill was therefore tabled and will be taken up for discussion some time later in the session.
The official copy of the Bill is now available at prsindia website The bill has been presented at www.dpdpa.in for easy viewing on a chapter to chapter basis.
In the meantime as we removed the redlined version of DPDPB 2022 vs the draft from the website www.dpdpa.in, others have released similar red-lined version which captures the change from the recent DPDPB 2022 version and the DPDPB 2023 version.
It is interesting to note that unlike the previous days when ITBill 1999 was introduced or the ITA 2008 was passed in 2008 the awareness about the Data Protection Bill is very high in the professional circles. The Bill has been quickly analysed and several views have been published.
One detailed critical view has been provided in this video about the changes to the RTI act.
While we understand the need for politicians to oppose any activity in the Parliament and push everything to the future, professionals should focus on the need for constructive criticism without stopping the law being passed.
To debate the Bill in a more constructive way, FDPPI along with Manipal Law School as its academic partner is organizing a virtual round table today the 4th August 2023 on Zoom, at 7.00 pm. The discussion should approximately take about an hour.
The discussion would be live webcast on youtube and should be available at this link
The main issues to be discussed are ..
a) Is the Bill considered as a Finance Bill obviating the need for passage by the Rajya Sabha?
b) Does the Bill cover the basic requirements of a data protection law such as Rights of data principals and Obligations of data fiduciaries?
c) Are the “Legitimate use” and “Exemptions” provide a reasonable freedom to business?
d) Is the concept of “Duty” of the Data Principal and a penalty for violation of the duty welcome?
e) Is the Grievance redressal system from Company to DPB to TDSAT to ADR and High Court effective?
f) What are the remedies to a Data Principal? Does he/she not have rights to claim compensation? If so why?
g) What is the change made to RTI act? Is it as bad as it is made out to be?
h) How is the Data Protection Board being constituted? Is it properly represented?
i) Any other point of discussion that arises.
We look forward to a useful discussion.