DPDP, 2022 at Parliament
Introduction
In 2019 India got its bill on Data protection in the form of the Personal Data Protection Bill 2019. This bill focused on digital rights and duties pertaining to data privacy. However, the bill was scrapped by the Govt in mid-2022, and a new bill was drafted, Successor bill was introduced as the Digital Personal Data Protection Bill, 2022 on 18th November 2022, which was made open for public comments and consultations and now the bill is expected to be tabled at the parliament in the Monsoon session.
What is DPDP, 2022?
Digital Personal Data Protection Bill, is the lasted draft regulation for data privacy in India. The bill has been essentially focused towards data protection by companies and the keep aspect of Puttaswamy judgement of data privacy as a fundamental right has been upheld under the scope of the bill. The bill comes after nearly 150 recommendations which the parliamentary committee made when the PDP, 2019 was scrapped.
The bill highlights the following keen aspects-
- Data Fiduciary- The entity (an individual, company, firm, state, etc.) which decides the purpose and means of processing an individual’s personal data.
- Data Principle- The individual to whom personal data is related.
- Processing- The entire cycle of operations that can be carried out concerning personal data.
- Gender Neutrality- For the first time in India’s legislative history, “her” and “she” have been used to refer to individuals irrespective of gender.
- Right to Erase Data- Data principals will have the right to demand the erasure and correction of data collected by the data fiduciary.
- Cross-border data transfer- The bill allows cross-border data after an assessment of relevant factors by the Central Government.
- Children’s Rights- The bill guarantees the right to digital privacy under the protection of parents/guardians.
- Heavy Penalties- The bill enforces heavy penalties for non-compliance with the provisions, not exceeding Rs 500 crore.
Data Protection Board
The bill lays down provisions for setting up a Data Protection Board. This board will be an independent body acting solely on the factors of data privacy and protection of the data principles and maintaining compliance by data fiduciaries. The board will be headed by a chairperson of essential and relevant qualifications, and members and various other officials shall assist him/her under the board. The board will serve grievance redressal to the data principles and can conduct investigation, inquiry, proceeding, and pass orders equivalent to a Civil court. The proceeding will be undertaken on the principle of natural justice, and the aggrieved can file an appeal to the High Court of appropriate jurisdiction.
Global Comparison
Many countries have data protection laws that regulate the processing of personal data. Some of the notable examples include:
- European Union: The EU’s General Data Protection Regulation (GDPR) is one of the world’s most comprehensive data protection laws. It regulates public and private entities’ processing of personal data and gives individuals a wide range of rights over their personal data.
- United States: The US has several data protection laws that apply to specific sectors or types of data, such as health data (HIPAA) or financial data (Gramm-Leach-Bliley Act). However, there is no comprehensive federal data protection law in the US.
- Japan: Japan’s Personal Information Protection Act (PIPA) regulates the handling of personal data by private entities and gives individuals certain rights over their personal data.
- Australia: Australia’s Privacy Act 1988 regulates the handling of personal data by public and private entities and gives individuals certain rights over their personal data.
- Brazil: Brazil’s General Data Protection Law (LGPD) regulates the processing of personal data by public and private entities and gives individuals certain rights over their personal data. It also imposes heavy fines and penalties on entities that violate the provisions of the law.
Overall, while there are some similarities in data protection laws across countries, there are also significant differences in scope, applicability, and enforcement. It is important for organisations to understand the data protection laws that apply to their operations and take appropriate steps to comply with these laws.
Parliamentary Asscent
The case of violation of the privacy policy by WhatsApp at the Hon’ble Supreme Court resulted in a significant advocacy for Data privacy as a fundamental right, and it was held that, as suggested otherwise in the privacy policy, Whatsapp was sharing its user’s data with Meta. This massive breach of trust could have led to data mismanagement affecting thousands of Indian users. The Hon’ble Supreme Court has taken due consideration of data privacy and its challenges in India and asked the Govt to table the bill in Parliament. The bill will be tabled for discussion in the monsoon session. The Supreme Court has set up a constitutional bench to check the bill’s scope, extent and applications and provide its judicial oversight. The constitution bench of Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar has fixed the matter for hearing in August in order to enforce the potential changes and amendments in the act post the parliamentary discussion.
Conclusion
India is the world’s largest democracy, so the crucial aspects of passing laws and amendments have always been followed by the government and kept under check by the judiciary. The discussion over bills is a crucial part of the democratic process, and bills as important as Digital Personal Data Protection need to be discussed and analysed thoroughly in both houses of Parliament to ensure the govt passes a sustainable and efficient law.
Related Blogs
Executive Summary:
A fake photo claiming to show the cricketer Virat Kohli watching a press conference by Rahul Gandhi before a match, has been widely shared on social media. The original photo shows Kohli on his phone with no trace of Gandhi. The incident is claimed to have happened on March 21, 2024, before Kohli's team, Royal Challengers Bangalore (RCB), played Chennai Super Kings (CSK) in the Indian Premier League (IPL). Many Social Media accounts spread the false image and made it viral.
Claims:
The viral photo falsely claims Indian cricketer Virat Kohli was watching a press conference by Congress leader Rahul Gandhi on his phone before an IPL match. Many Social media handlers shared it to suggest Kohli's interest in politics. The photo was shared on various platforms including some online news websites.
Fact Check:
After we came across the viral image posted by social media users, we ran a reverse image search of the viral image. Then we landed on the original image posted by an Instagram account named virat__.forever_ on 21 March.
The caption of the Instagram post reads, “VIRAT KOHLI CHILLING BEFORE THE SHOOT FOR JIO ADVERTISEMENT COMMENCE.❤️”
Evidently, there is no image of Congress Leader Rahul Gandhi on the Phone of Virat Kohli. Moreover, the viral image was published after the original image, which was posted on March 21.
Therefore, it’s apparent that the viral image has been altered, borrowing the original image which was shared on March 21.
Conclusion:
To sum up, the Viral Image is altered from the original image, the original image caption tells Cricketer Virat Kohli chilling Before the Jio Advertisement commences but not watching any politician Interview. This shows that in the age of social media, where false information can spread quickly, critical thinking and fact-checking are more important than ever. It is crucial to check if something is real before sharing it, to avoid spreading false stories.
Introduction
Social media is the new platform for free speech and expressing one’s opinions. The latest news breaks out on social media and is often used by political parties to propagate their parties during the elections. Hashtag (#)is the new weapon, a powerful hashtag that goes a long way in making an impact in society that so at a global level. Various hashtags have gained popularity in the last years, such as – #blacklivesmatter, #metoo, #pride, #cybersecurity, and many more, which were influential in spreading awareness among the people regarding various social issues and taboos, which then were removed from multiple cultures. Social media is strengthened by social media influencers who are famous personalities with a massive following as they create regular content that the users consume and share with their friends. Social media is all about the message and its speed, and hence issues like misinformation and disinformation are widespread on nearly all social media platforms, so the influencers play a keen role in making sure the content on social media is in compliance with its community and privacy guidelines.
The Know-How
The Department of Consumer Affairs under the Ministry of Consumer Affairs, Food and Public Distribution released a guide, ‘Endorsements Know-hows!’ for celebrities, influencers, and virtual influencers on social media platforms, The guide aims to ensure that individuals do not mislead their audiences when endorsing products or services and that they are in compliance with the Consumer Protection Act and any associated rules or guidelines. Advertisements are no longer limited to traditional media like print, television, or radio, with the increasing reach of digital platforms and social media, such as Facebook, Twitter, and Instagram, there has been a rise in the influence of virtual influencers, celebrities, and social media influencers. This has led to an increased risk of consumers being misled by advertisements and unfair trade practices by these individuals on social media platforms. Endorsements must be made in simple, clear language, and terms such as “advertisement,” “sponsored,” or “paid promotion” can be used. They should not endorse any product or service and service in which they have done due diligence or that they have not personally used or experienced. The Act established guidelines for protecting consumers from unfair trade practices and misleading advertisements. The Department of Consumer Affairs published Guidelines for prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022, on 9th June 2022. These guidelines outline the criteria for valid advertisements and the responsibilities of manufacturers, service providers, advertisers, and advertising agencies. These guidelines also touched upon celebrities and endorsers. It states that misleading advertisements in any form, format, or medium are prohibited by law.
The guidelines apply to social media influencers as well as virtual avatars promoting products and services online. The disclosures should be easy to notice in post descriptions, where you can usually find hashtags or links. It should also be prominent enough to be noticeable in the content,
Changes Expected
The new guidelines will bring about uniformity in social media content in respect of privacy and the opinions of different people. The primary issue being addressed is misinformation, which was at its peak during the Covid-19 pandemic and impacted millions of people worldwide. The aspect of digital literacy and digital etiquette is a fundamental art of social media ethics, and hence social media influencers and celebrities can go a long way in spreading awareness about the same among common people and regular social media users. The increasing threats of cybercrimes and various exploitations over cyberspace can be eradicated with the help of efficient awareness and education among the youth and the vulnerable population, and the influencers can easily do the same, so its time that the influencers understand their responsibility of leading the masses online and create a healthy secure cyber ecosystem. Failing to follow the guidelines will make social media influencers liable for a fine of up to Rs 10 lakh. In the case of repeated offenders, the penalty can go up to Rs 50 lakh.
Conclusion
The size of the social media influencer market in India in 2022 was $157 million. It could reach as much as $345 million by 2025. Indian advertising industry’s self-regulatory body Advertising Standards Council of India (ASCI), shared that Influencer violations comprise almost 30% of ads taken up by ASCI, hence this legal backing for disclosure requirements is a welcome step. The Ministry of Consumer Affairs had been in touch with ASCI to review the various global guidelines on influencers. The social media guidelines from Clairfirnia and San Fransisco share the same basis, and hence guidelines inspired by different countries will allow the user and the influencer to understand the global perspective and work towards securing the bigger picture. As we know that cyberspace has no geographical boundaries and limitations; hence now is the time to think beyond conventional borders and start contributing towards securing and safeguarding global cyberspace.
.webp)
The concept of web accessibility (i.e., access to the internet) stems from the recognition of internet access as an inalienable right. In 2016, the United Nations Human Rights Commission (UNHRC) General Assembly referred to the access to Internet as an essential human right. The Supreme Court of India also declared such internet access as a fundamental right under the Constitution of India. Various international instruments of which India is a signatory, such as the United Nations Convention on Rights of Persons with Disabilities (UNCRPD) mandate access to information. The heavy reliance on the internet and websites necessitates making the web space inclusive, navigational and accessible to all individuals, including persons with disabilities.
Various laws mandate web accessibility:
- Right of Persons with Disability Act, 2016: The Right of Persons with Disability Act 2016 Is the primary document for the protection of the rights of persons with disabilities to ensure their full participation. The Act provides several direct and indirect provisions (such as Section 2(y) “Reasonable Accommodation”, Section 40 on “Accessibility”, and Section 42 on “Access to Information and Communication Technology”) to ensure that technology products and services are accessible to a person with disabilities.
- Rights of Persons with Disabilities Rules 2017: The 2017 rules under Rule 15 (2) task the respective Ministries and Departments to ensure compliance with accessibility standards.
- Guidelines for Indian Government Websites (GIGW): The GIGW provide a framework for websites to be designed in accordance with Web Content Accessibility Guidelines (WCAG) 2.0 standards. The GIGW enables websites to obtain certification by the Standardisation Testing and Quality Certification Directorate, after audit.
Various other policies include;
- National Policy on Universal Electronic Accessibility, 2013: The National Policy ("Policy") on Electronic Accessibility recognizes the need to eliminate discrimination on the basis of disabilities and to facilitate equal access to Electronics & ICTs. The National Policy also recognizes the diversity of differently-abled persons and provides for their specific needs. The Policy covers accessibility requirements in the area of Electronics & ICT by different stakeholders. It recognizes the need to ensure that accessibility standards, guidelines and universal design concepts are adopted and adhered to.
- Web Content Accessibility Guidelines (WCAG): The WCAG defines how to make web content more accessible to persons with disabilities. While adhering to these guidelines is optional, various versions of the WCAG have been issued. It operates on four principles; perceivable, operable, understandable and robust. It provides a path to ensuring compliance and demonstrating reasonable accommodation for persons with disabilities.
However, despite the laws, web accessibility remains a challenge. A vast majority of Indian websites, especially e-commerce entities and several government websites remain inaccessible to persons with disabilities and most often do not conform with international accessibility standards. A report by the Centre of Internet and Society states that out of the 7800 websites of the Government of India, 5815 had accessibility barriers and 1985 websites failed to open. The report also notes that more than half of the websites had no navigation markup and only 52 websites had the option to change colours. The Ministry of Electronics and Information Technology (MeITy), during the 258th Session of the Rajya Sabha on 9 December 2022 noted that 95 websites of the Central Government have been made accessible to persons with disabilities during the COVID-19 pandemic, however, only 45 websites of the Central Government have been certified as compliant under the Guidelines for Indian Government Websites (GIGW). As of that date, certification of the remaining governmental websites remains incomplete due to the pandemic. Meity also stated that the Department of Empowerment of Persons with Disabilities in 2017 sanctioned a project to be implemented by ERNET India for making 917 websites of State and Union territories. Under the project, a total of 647 websites have been made accessible as of that date.
Conclusion
While India has established a robust legal framework and policies emphasizing the importance of web accessibility as a fundamental right, the existing gap between legislation and effective implementation poses a significant challenge. The reported accessibility barriers on numerous government and e-commerce websites indicate a pressing need for heightened efforts in enforcing and enhancing accessibility standards.
In addressing these challenges, continued collaboration between government agencies, private entities and advocacy groups can play a crucial role. Ongoing monitoring, regular audits and public awareness campaigns may contribute to improving accessibility for persons with disabilities to ensure an inclusive environment and compliance with fundamental laws.
References:
- https://www.legalserviceindia.com/legal/article-2967-right-to-internet-and-fundamental-rights.html
- https://www.indiacode.nic.in/bitstream/123456789/15939/1/the_rights_of_persons_with_disabilities_act%2C_2016.pdf
- https://www.meity.gov.in/writereaddata/files/National%20Policy%20on%20Universal%20Electronics%281%29_0.pdf
- https://www.meity.gov.in/writereaddata/files/National%20Policy%20on%20Universal%20Electronics%281%29_0.pdf
- https://www.w3.org/TR/WCAG21/#:~:text=Web%20Content%20Accessibility%20Guidelines%20(WCAG)%202.1%20defines%20how%20to%20make,%2C%20learning%2C%20and%20neurological%20disabilities.
- https://www.boia.org/blog/india-digital-accessibility-laws-an-overview
- https://cis-india.org/accessibility/accessibility-of-govt-websites.pdf/view
- https://sansad.in/rs/questions/questions-and-answers
