Govt hopeful of introducing draft data protection bill in winter session of Parliament

The government is hopeful of introducing the draft personal data protection bill in the ensuing winter session of Parliament, a senior IT ministry official said Monday.

The draft personal data protection bill was drafted by a high-level panel headed by Justice B N Srikrishna and following the submission of the draft bill and data protection report in July end, the IT ministry had sought public feedback on the provisions by September 30.

The draft bill moots seeking "explicit consent" for processing 'sensitive personal information' like religious or political beliefs, sexual orientation and biometric details.

The senior official, who did not wish to be named, told reporters that the ministry is hopeful that the legislation will be introduced in the winter session of Parliament, after taking into account suggestions and feedback received.

Parliament is expected to convene for the winter session in November-December.

The draft bill and panel's recommendations suggest steps for safeguarding personal information, defining obligations of data processors as also rights of individuals, and proposed penalties for violation.

The areas covered by the recommendations include consent, what comprises personal data including sensitive personal data, exemptions which can be granted, grounds for processing data, storage restrictions for personal data, individual rights and right to be forgotten.

The draft of Personal Data Protection Bill, 2018 restricts and imposes conditions on the cross-border transfer of personal data, and suggests setting up of Data Protection Authority of India to prevent any misuse of personal information.

It provides for a penalty of Rs 15 crore or 4 per cent of the total worldwide turnover of any data collection entity, including the state, for violation of personal data processing provisions. Failure to take prompt action on a data security breach can attract a penalty of up to Rs 5 crore or 2 per cent of turnover, whichever is higher.