'Data Protection Bill will pave way for creating a framework around data'

The bill has been referred to a Joint Parliamentary Committee

data-protect-privacy-pix The draft personal data protection bill has undergone extensive inter-ministerial consultation post its release last year | Representational image

As the Personal Data Protection Bill, 2019 introduced in the Lok Sabha has been referred to a Joint Parliamentary Committee, under the chairpersonship of Meenakshi Lekhi, for examination and report, the panel is seeking views and suggestions from individuals and associations and the bodies concerned. Many experts with whom THE WEEK spoke to feel that this bill will go a long way in creating a framework for undertaking organizational and technical measures related to processing of data. 

“India has witnessed massive growth in use of internet data. A recent survey revealed that there has been a 93 per cent CAGR in data consumption in the period 2015-19 and stands at 11.7 GB per user per month. A large section of this data is consumed on social media platforms such as Facebook, WhatsApp, etc that offer free services in exchange for advertisements. As an anonymous quote had once stated 'when anything is free, your freedom is the price you pay'. This is where data privacy laws are being formulated in our country to avoid the misuse of user information by organizations. I feel that the bill will go a long way in laying down norms for social media intermediary, cross-border transfer, accountability of entities processing personal data and remedies for unauthorized and harmful processing,” remarked Kedareshwaran S., Assistant Professor, IT & Information Science, TAPMI, Manipal. 

Some experts feel that it may undercut the innovation and growth of Indian start ups. “The concern is that budding startups may be restricted in terms of innovations while having to comply with the many requirements of the proposed law. After all, data fuels innovation and startups and mid sized companies rely heavily on that. Foreign data companies will also be subjected to these regulations and will likely impede all but the major players like Google, Facebook, WhatsApp, and TikTok from cementing their hold. The relaxation for new technologies is paperwork heavy and temporary,” Gaurav Vohra, the Co-Founder and CEO, Jigsaw Academy told THE WEEK. 

He further adds that while the regulations are much needed when it comes to data protection, they might slow down the Indian startups venturing into emerging tech and make way for the tech giants to assert monopoly. “Competition analysis should have been a factor when drafting the bill to ensure that the playing field was levelled. A modification of the draft for private sectors collecting data will be beneficial to all the parties concerned,” added Vohra. 

Some experts also feel that business to consumer companies will have to make huge changes in the way they collect data, use it, retrieve them and secure them for the future. “It is a good initiative for companies in India to protect data of their consumers. The bill will help control the risk posed by accidental or deliberate data leaks as they will be minimised. The GenZ is already more aware and sensitive about it compared to the GenY and seniors. We have to take it to schools and build greater awareness among kids there. From employment perspective, this bill would pave the way for new projects for IT teams and companies; however, this will not specifically result in job creation by any significant numbers,” said Aditya Narayan Mishra, director and CEO of CIEL HR Services.