What Is Data Protection Bill 2021? Changes Brought By Joint Parliamentary Committee Explained

The Joint Parliamentary Committee has tabled its report on the Personal Data Protection Bill in both the Houses of Parliament. The JPC titled the Bill, the data protection bill 2021. Take a look at the details of the bill and its provisions below. 

After 2 years of deliberation, the Joint Parliamentary Committee on Personal Data Protection Bill has tabled its Report in both houses. The bill was proposed after the Supreme Court of India declared that privacy is a fundamental right and directed the Government to design law in the Puttuswamy Judgement in 2017. Thus in 2019, a Personal Data Protection Bill was introduced in Lok Sabha.

What is Data Protection Bill 2021?

Take a look at the details of the Report of the Parliamentary Committee:

1. The Bill has a changed name and scope. It is now called Data Protection Bill 2021 changed from Personal Data Protection Bill. This means the Bill would also include non-personal data. 
2. The Parliamentary committee has also said that this Bill should cover both sets of data till an additional framework is established to distinguish between personal and non-personal data.
3. Government of the day, the central government has the power to exempt any Governmental body or agency from the provisions of the Act. The qualification added is that it is subject to just fair and reasonable procedure. As per the Report, JPC is "concerned about the possible misuse of the provisions if the privacy rights of the individual have to be subsumed for the protection of the larger interests of the State" and by way of the added qualification, the committee aims to "strike a balance between Article 19 of the Constitution, Puttaswamy judgment and individual rights with respect to privacy."
4. The committee has also recommended that clause 25(3) include a 72-hour reporting period for data breaches.
5. The JPC Report is also in the mood to retain the controversial clause- "The central government should have absolute power over the Data Protection Authority (DPA) and be able to exempt any government body from the provisions of the bill." It cited 'just, fair, reasonable and proportionate procedure. 
6. Children's data is also mentioned as a clause in the Bill. The bill has Section 3(8) that defines a child as someone who has not completed 18 years of age. Thus the data organizations processing data related to children are bound to follow certain obligations and need to get consent from the child's parents as well.

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