Data Protection Bill: Challenge will lie in implementation, says Rama Vedashree
The November 2022 version of the Bill received mixed reactions from industry experts and privacy advocates due to its ambiguities and lack of specifics. CNBC TV18 spoke to two experts to understand the implementation challenges for the controversial Bill, which will be tabled in the upcoming monsoon session of Parliament.
The Union Cabinet has given the green light to the long-awaited Digital Personal Data Protection Bill, as per sources, paving the way for its introduction in the upcoming monsoon session of Parliament. This version of the Bill, which was initially published by the government in November last year for public consultation, will now be presented for further deliberation and potential enactment.
The November 2022 version of the Bill received mixed reactions from industry experts and privacy advocates due to its ambiguities and lack of specific details. Rama Vedashree, former CEO of DSCI (Data Security Council of India), said in a conversation with CNBC-TV18. "The November 2022 version was lacking in a lot of details. We are waiting for the final version that is tabled in Parliament."
Vedashree emphasised the need for clarity in the Bill's provisions to ensure compliance across various sectors. While acknowledging the positive aspects of the November version, she stressed the importance of addressing the lack of details.
Furthermore, Vedashree highlighted the challenges associated with implementing the Bill's provisions regarding data protection in a digital environment where paper-based data collection still exists. She expressed hope that the concerns raised by industry bodies and members during the public consultation process have been considered in the version taken to the Cabinet.
Another issue that experts have raised is the implementation of regulations pertaining to children's data and consent from guardians. Vedhashree acknowledged the importance of protecting children's data but expressed concerns about the practicality of implementing age-gating and obtaining consent from parents and guardians.
She stated, "Implementing a comprehensive compliance programme to meet these provisions around protecting children's data is a welcome measure, but how we go about implementing it would be a challenge."
During the conversation, Aprajita Bharti, Co-Founder, TQH, also raised concerns about the absence of a dedicated data protection authority or regulatory structure in the Bill, which was present in earlier drafts. This absence poses a challenge in terms of ensuring a checks-and-balances system for rulemaking powers. She further noted that unresolved issues regarding cross-border data flows and the reliance on delegated legislation were points of contention.
The timeline for implementing the Personal Data Protection Bill is another aspect that has attracted attention. In the previous version of the Bill, a specific timeline for implementation was not provided. Aprajita Bharti highlighted the importance of knowing the timeline for industry preparedness, especially considering the different requirements and measures that organisations would need to undertake.
The monsoon session of Parliament will be held from July 20 to August 11.
(Edited by : Shoma Bhattacharjee)
First Published: Jul 5, 2023 7:59 PM IST
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