Public consultation on data protection framework in Jan

The expert panel constituted by the government to identify key data protection issues will hold multi-city stakeholder consultation on data protection framework starting next month.
The stakeholder meeting would be held in Delhi on January 5, and in Hyderabad on January 12. It will be organised in Bengaluru on January 13, followed by Mumbai on January 23, according to an official release.
"The committee has put out a whitepaper on Data Protection Framework for India and has sought public comments. Submission of responses to the white paper will be received till January 31, 2018 preferably through the website," it said.

In August this year, the government constituted a 10- member committee to recommend a framework for securing personal data in the increasingly digitised economy as also address privacy concerns and build safeguards against data breaches.
The formation of the panel came amid concerns over personal information being compromised with increasing use of biometric identifier Aadhaar in an array of services - from filing tax returns to availing government doles. The committee of experts headed by Justice BN Srikrishna, former judge of Supreme Court, will suggest a draft data protection bill.
The data protection framework will have an impact on privacy of people in the country. It may be noted that the Supreme Court in a judgement on August 24, 2017 declared right to privacy a fundamental right, in a far-reaching verdict.

The high powered committee in a white paper on data protection framework, has noted that both public and private sectors are collecting and using personal data on an unprecedented scale and for various purposes.

It said that while the data can be put to beneficial use, the unregulated and arbitrary use, especially that of personal data, has raised concerns about privacy and autonomy of an individual.
"Some of the concerns relate to centralisation of databases, profiling of individuals, increased surveillance and a consequent erosion of individual autonomy," the whitepaper has noted.
The white paper suggests linking of penalty of firm violating data protection rules to its global turnover.

"In the context of a data protection law, civil penalties may be calculated in a manner to ensure that the quantum of civil penalty imposed not only acts as a sanction, but also acts as a deterrence to data controllers which have violated their obligations under the data protection law," said the white paper of the panel.
According to the findings of the committee, the IT Act does not appear to prescribe civil penalty provisions specifically for violation of data protection obligations and is limited in applicability.