GS Paper - 2 (Polity)

The Joint Committee of Parliament examining the Personal Data Protection Bill was on 1 December 2021 given an extension till the last week of the ongoing Winter session to submit its report. The Bill, seeking to provide for the protection of personal data of individuals and establish a Data Protection Authority for the same, was brought in Parliament in 2019 and was referred to the Joint Committee for further scrutiny on the demand of opposition members.

About the bill

  1. The bill will have jurisdiction over the processing of personal data if such data has been used, shared, disclosed, collected or otherwise processed in India.
  2. In respect of processing by fiduciaries that are not present in India, the law shall apply to those carrying on business in India or other activities such as profiling which could cause privacy harms to data principals in India.
  3. The bill will not have retrospective application and it will come into force in a structured and phased manner. Processing that is ongoing after the coming into force of the law would be covered.
  4. The definition of personal data will be based on identifiability.
  5. The Data Protection Authority (DPA) may issue guidance explaining the standards in the definition as applied to different categories of personal data in various contexts.
  6. The bill will cover processing of personal data by both public and private entities.
  7. A data principal below the age of eighteen years will be considered a child.