What is the overview of the data protection bill 2021 PDF? The Bill establishes the Data Protection Authority of India (“Authority”) to oversee and regulate the processing of data. One of the important recommendations is to regulate non-personal data within the purview of the 2019 Bill. Read this article to know more.
Overview Of Data Protection Bill 2021 PDF
The Constitution (One Hundred and Twenty-Second Amendment) Bill, 2019, which is the Data Protection Bill or Aadhaar Bill has been passed. It is by both houses of the Parliament as the Aadhaar and Other Laws (Amendment) Act, 2019.
This amendment to the Aadhaar Act 2017 will bring all private entities who are processing data. It including banks, telecom, and insurance companies under the purview of the Aadhaar Act.
What is the Data Protection Bill?
The Data Protection Bill, 2019 is a legislation that has been by both houses of the Parliament which seeks to establish a regulatory regime for personal data in India.
It is an attempt to create a comprehensive legal framework that governs how personal data is collected, used, processed, and stored. The legislative framework for data protection in India was last in 2000 and the new Bill seeks to address the gaps in this framework.
Goal
The goal of this Bill is to protect the privacy of individuals and ensure that the data that individual shares with companies, entities, or public authorities are safe.
What are the Key Features of the Data Protection Bill?
The amendment to the Aadhaar Act 2017 will bring all private entities who are processing data including banks, telecom, and insurance companies under the purview of the Aadhaar Act.
These entities will have to ensure compliance with privacy principles specified by the Authority. The Bill creates a new statutory framework for Data Protection in India to replace the existing legal framework.
Authority
The Authority will be a statutory authority by an Act of Parliament as a body corporate. It is with its charter, powers, and functions.
The Bill also provides for the establishment of a Data Protection Committee under the Chairmanship of the Central Vigilance Commissioner. Also, it is to advise the Authority on various issues relating to privacy and data protection.
The Bill was first introduced on 29 January 2019 in the Lok Sabha as the Constitution (One Hundred. Also, Twenty-Second Amendment) Bill, 2019, which is the Data Protection Bill or Aadhaar Bill.
It was by both the houses of the Parliament as the Aadhaar and Other Laws (Amendment) Act, 2019. The Bill was in response to a Supreme Court judgment on 27 August 2018 which held that privacy was a fundamental right under the Constitution of India.
Updates
The judgment required the government to enact a data protection law within six months. While most of the provisions remain intact there are some key updates in this bill.
It has an expanded definition of personal data which means that the definition will cover non-personal data.
Conclusion
The Bill also includes provisions for a data protection impact assessment (DPIA). Also, it is to ensure that individuals are any potential impact on them before their data is processed.
The DPIA will be out by an independent body or an officer, not below the rank of a Deputy Secretary to the Government.