Digital Personal Data Protection Bill (DPDP), 2023
Union Minister for Electronics and Information Technology Ashwini Vaishnaw on 3rd Aug 2023 introduced the Digital Personal Data Protection Bill, 2023 in Lok Sabha and clarified that it was not a money bill. The Bill applies to the processing of digital personal data within India where such data is: (i) collected online, or (ii) collected offline and is digitised. It will also apply to the processing of personal data outside India if it is for offering goods or services in India. Personal data is defined as any data about an individual who is identifiable by or in relation to such data. Processing has been defined as wholly or partially automated operation or set of operations performed on digital personal data. It includes collection, storage, use, and sharing.
Personal data may be processed only for a lawful purpose after obtaining the consent of the individual. A notice must be given before seeking consent. The notice should contain details about the personal data to be collected and the purpose of processing. Consent may be withdrawn at any point in time. Consent will not be required for ‘legitimate uses’ including: (i) specified purpose for which data has been provided by an individual voluntarily, (ii) provision of benefit or service by the government, (iii) medical emergency, and (iv) employment. For individuals below 18 years of age, consent will be provided by the parent or the legal guardian
Digital Personal Data Protection Bill 2023 (DPDP Bill 2023)
An individual, whose data is being processed (data principal), will have the right to:
- Obtain information about processing,
- Seek correction and erasure of personal data,
- Nominate another person to exercise rights in the event of death or incapacity, and
- Grievance redressal. Data principals will have certain duties. They must not:
- Register a false or frivolous complaint, and
- Furnish any false particulars or impersonate another person in specified cases.
- Violation of duties will be punishable with a penalty of up to Rs 10,000.
