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A Soft Tone with a Tiger Claw
The Digital Personal Data Protection Bill, 2022 is contrary to the expectation that numerous versions should translate to a robust draft. Although it prescribes some core data protection principles in the explanatory note, it falls short of incorporating them in the draft bill. This bill can be best characterised as adopting a soft tone for businesses and granting the tiger claw to the state.
The author would like to acknowledge that he had benefited from the discussion on the Digital Personal Data Protection Bill, 2022 organised by the Medianama on 8 December 2022.
On 18 November 2022, the union government released the fourth iteration of the Digital Personal Data Protection Bill, 2022 (hereafter DPDPB) in the public domain inviting feedback. The data protection law can be defined as a legal framework that outlines the degree of access and control over personal data by the following three major actors: (i) the data principal (individual user to whom the personal data relates to), (ii) the data fiduciary and data processor (the former is the company which determines the purpose and means of the processing of personal data and the latter is the company which processes personal data on behalf of a data fiduciary), and (iii) the state. This article will look briefly at the journey that culminated into a shorter and more concise DPDPB and then critically examine its various aspects.
India’s Draft Data Protection Bills
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