Legal challenges: Draft law on data protection impacts a variety of laws

The draft law on personal data protection impacts a variety of laws that have a bearing on both public and private sectors. The B N Srikrishna Committee has identified a list of 50 allied laws that may overlap with the proposed data protection framework. However, specific provisions requiring amendments have not been identified. 

Aligning the existing laws with the new regime may turn out to be a humungous exercise, say experts. 

Experts note that there are two ways in which amendments may be brought about. First, amendments in allied laws could be brought about by passing separate amendments to specific legislations. The other, more efficient way, could be to bring in an omnibus legislation to amend the identified enactments in a single sweep. However, this will require a high degree of ministerial coordination to ensure consensus on the content of the amendments, points out a senior research fellow from Vidhi Centre for Legal Policy, a think-tank. This necessitates the need for sectoral and public consultations to identify the specific provisions in allied laws that require amendments.

The way forward, feel experts, is to scrutinise every law which enables collection of personal data to ascertain whether the amount of data sought is proportionate to the purpose that the law seeks to achieve.

“You will have to look at each of these laws clause by clause, section by section and offer amendments and then draft it,” says cyber law expert Pavan Duggal.

While prima facie, not all laws may necessarily need amendment, but where there are contradictions, the same may have to be resolved, says Gowree Gokhale, partner, Nishith Desai Associates.

Rahul Matthan, partner, Trilegal, points out that the Personal Data Protection Bill is an over-arching law that will apply to all laws that currently impinge on privacy. Most laws will have to be amended in line with provisions of this Bill, he said.

According to the Srikrishna report, some of the Acts that need amendments include the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act 2016, the Right to Information Act 2005, and the Information Technology Act 2000. Changes in certain provisions are needed in some key Acts such as the Right to Fair Compensation and Transparency in Land Acquisition Act 2013, the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, and the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952.