Things You Need To Know About The Data Protection Bill 2019
With a lot going around about the Personal Data Protection (PDP) Bill 2019 - an act which seeks to provide protection of personal data of individuals and establishes a Data
With a lot going around about the Personal Data Protection (PDP) Bill 2019 - an act which seeks to provide protection of personal data of individuals and establishes a Data
With a lot going around about the Personal Data Protection (PDP) Bill 2019 - an act which seeks to provide protection of personal data of individuals and establishes a Data Protection Authority for the same; and how its implementation would impact various firms, here is what you need to know about the Act.
In July 2017, the Ministry of Electronics and Information Technology and the Government of India, composed a group of experts headed by the retired Supreme Court judge Justice B. N. Srikrishna which was assigned with the responsibility of identifying lapses in the present data protection guidelines and preparing more robust and comprehensive data protection laws. The draft Personal Data Protection (PDP) Bill, 2018, was submitted in July 2018.
Based on various suggestions, a revised Personal Data Protection Bill, 2019 (Draft Bill), was cleared by the Union Cabinet on December 4 2019. The final call will be taken by the first day of the last week of the Budget Session 2020.
Firstly, what is sensitive personal data?
According to the draft of the PDP Bill 2019, personal data would be information which would reveal, be related to, or constitute the following:
- Financial data
- Health data
- Official identifier
- Sex life
- Sexual orientation
- Biometric data
- Generic data
- Transgender status
- Intersex status
- Caste or tribe
- Religious or political belief or affiliation; or
- Any other data categorized as sensitive personal data by the Central Govt in consultation with the Authority and the sectoral regulator concerned.
Who would be regulated under the PDP Act once implemented?
To explain this, here is an extract from the Information Technology Act 2000 :
“ Any company/firm, sole proprietorship or other association of individuals engaged in commercial or professional activities; possessing, dealing or handling any
What is the compensation or penalties applicable under the PDP Bill, 2019, if violated?
(i) Sharing data without user consent :
Liable to a penalty which may extend to fifteen crore rupees or four per cent. of its total worldwide turnover of the preceding financial year, whichever is higher.
(ii) Data breach and inaction to address the same :
Liable to a penalty which may extend to five crore rupees or two per cent. of its total worldwide turnover of the preceding financial year, whichever is higher.
With a stringent law for data protection most likely to come into force in India, the need to upgrade to cloud security/cyber security is like never before, let alone manual entry into outdated log books. Be it a small firm/start up or a huge MNC, one area which undoubtedly handles abundant sensitive data is the reception. Right from delivery executives to VIP clients/stakeholders, every visitor detail is collected.
Non electronic data entry, or in simple words, manual data entry into log books have the highest risk of being misused as your personal details like phone number, email ID, etc., is literally an open book to the next person entering his/her details. And electronic data entry, for instance, into an Excel file, is again prone to be accessed easily if secure firewalls are not installed in the computers.
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