TOPIC : GS 2 Government Policies and Interventions for Development in various sectors and Issues arising out of their Design and Implementation.
Why the Personal Data Protection Bill matters
What is the news?
Number of personal data breaches from major digital service providers has increased worryingly in the same period. The recent alleged data breach at Mobi Kwik could stand to be India’s biggest breach with the data of 9.9 crore users at risk. Robust data protection regimes are necessary to prevent such events and protect users’ interests
Personal Data Protection Bill, 2019, now under scrutiny by a Joint Parliamentary Committee, could play a big role in providing robust protections to users and their personal data .The major provisions are :
- Different entities collect and process users’ personal data in India is mainly governed by the Information Technology Act, 2000, and various other sectoral regulations.
- Data protection regime falls short of providing effective protection to users and their personal data.
- Entities could override the protections in the regime by taking users’ consent to processing personal data under broad terms and condition
- This is problematic given that users might not understand the terms and conditions or the implications of giving consent
- The frameworks emphasise data security but do not place enough emphasis on data privacy
- Entities must employ technical measures to protect personal data, they have weaker obligations to respect users’ preferences in how personal data can be processed
Large vacuum
- Entities could use the data for purposes different to those that the user consented to. The data protection provisions under the IT Act also do not apply to government agencies.
- This creates a large vacuum for data protection when governments are collecting and processing large amounts of personal data
- The regime seems to have become antiquated and inadequate in addressing risks emerging from new developments in data processing technology
Robust data protection
- The need for a more robust data protection legislation came to therefore in 2017 post the Supreme Court’s landmark judgment in Justice S. Puttaswamy (Retd) v. Union of India
- This case law established the right to privacy as a fundamental right. In the judgment, the Court called for a data protection law that can effectively protect users’ privacy over their personal data
The upcoming regime
- Bill seeks to apply the data protection regime to both government and private entities across all sectors
- The Ministry of Electronics and Information Technology formed a Committee of Experts under the Chairmanship of Justice (Retd) B.N. Srikrishna to suggest a draft data protection law
- Bill seeks to emphasise data security and data privacy, while entities will have to maintain security safeguards to protect personal data.
- They will also have to fulfill a set of data protection obligations and transparency and accountability measures that govern how entities can process personal data to uphold users’ privacy and interests
- The Bill seeks to give users a set of rights over their personal data and means to exercise those rights
- Bill seeks to create an independent and powerful regulator known as the Data Protection Authority (DPA).This will monitor and regulate data processing activities to ensure their compliance with the regime
- It will give users a channel to seek redress when entities do not comply with their obligations under the regime
- The Bill seeks to bring a massive and meaningful change to personal data protection in India through this regime
Loopholes in the system
- These provisions could contradict the objectives of the Bill by giving wide exemptions to government agencies and diluting user protection safeguards.
- Under clause 35, the Central government can exempt any government agency from complying with the Bill
- Government agencies will then be able to process personal data without following any safeguard under the Bill. This could create severe privacy risks for user
- Bill threatens legal consequences for users who withdraw their consent for a data processing activity. This could discourage users from withdrawing consent for processing activities they want to opt out
The way forward
The time is ripe for India to have a robust data protection regime. The Joint Parliamentary Committee that is scrutinizing the Bill has proposed 86 amendments and one new clause to the Bill. Some changes in the Bill targeted towards addressing various concerns in it could make a stronger and more effective data protection regime.
PRELIMS PUNCHERS
- Devalsari
Devalsari region in Tehri Garhwal district is likely to be declared as the first biodiversity heritage site of Uttarakhand. Biodiversity Board had received a proposal from locals to declare the area as a heritage site for its rich biodiversity. Different kinds of flora and fauna including smaller species like butterflies and moths are found abundantly in Devalsari region.
A rare day-flying moth, Achelura bifasciata was spotted in forests of Devalsari in the Garhwal Himalayas for the first time in history. Before this, the moth was last spotted in Kumaon region in 1890s after which it was spotted in large numbers in Tehri Garhwal district’s Sreedev Suman Titli Park, a butterfly park created by locals.
- Vazhakulam pineapple
Vazhakulam pineapple is the term used to refer to the pineapple produced in the Vazhakulam area in Kerala. The appellation “Vazhakulam” has been registered as Geographical Indication under Agricultural-Horticultural Product category. The GI registration specifies the specialties of this product thus “Vazhakulam pineapple locally known as ‘Kannarachakka’ comes under the species Ananas comosus. The average fruit weight is 1300-1600 g. The fruit has a pleasant aroma, fruit shape is slightly conical, fruit ‘eyes’ deeply placed, fruit flesh is crisp and golden yellow in color, juice is sweet. It is a good source of carotene, vitamins, minerals and energy.
Source: https://pib.gov.in/newsite/PrintRelease.aspx?relid=192208
- Reverse Charge Mechanism
Reverse charge is a mechanism under which the receiver of the goods or services is liable to pay the tax instead of the provider of the goods and services. Under the normal taxation regime, the supplier collects the tax from the buyer and deposits the same after adjusting the output tax liability with the input tax credit available. But under reverse charge mechanism (RCM), liability to pay tax shifts from supplier to receiver.
If a vendor who is not registered under GST, supplies goods to a person who is registered under GST, then Reverse Charge would apply. This means that the GST will have to be paid directly by the receiver to the Government instead of the supplier. If an e-commerce operator supplies services then reverse charge will be applicable to the e-commerce operator. He will be liable to pay GST.
- Atal Innovation Mission
Atal Innovation Mission (AIM), NITI Aayog is Government of India’s flagship initiative to promote a culture of innovation and entrepreneurship in the country and was setup in 2016. Towards this end AIM has taken a holistic approach to ensure creation of a problem-solving innovative mindset in schools and creating an ecosystem of entrepreneurship in universities, research institutions, private and MSME sector. All the initiatives of AIM are currently monitored and managed systematically using real-time MIS systems and dynamic dashboards. AIM is also currently having its programs reviewed by third party agencies for ensuring continuous improvements.
Atal Innovation mission has launched the Atal Tinkering Lab (ATL) program. ATL is a state-of-the-art space established in a school with a goal to foster curiosity and innovation in young minds, between grade 6th to 12th across the country through 21st century tools and technologies such as Internet of Things, 3D printing, rapid prototyping tools, robotics, miniaturized electronics, do-it-yourself kits and many more. The aim is to stimulate a problem-solving innovative mindset within the children of the ATL and nearby communities.s
- Supply chain resilience initiative
India, Japan and Australia an initiative to build resilient supply chains in the Indo-Pacific region. As they seek to reduce dependence on China following its hostile political and military conduct. The trio aims to create a free and transparent trade and investment environment.
The key features of the initiative, originally piloted by Japan and based on bilateral discussions, are enhancing the resiliency of supply chain in the Indo-Pacific region including diversification of supply sources and increase competitiveness of sectors. It will also attract foreign direct investment (FDI) in the region and strengthen mutually complementary relationship among the participants.
The other sectors include pharmaceuticals, medical devices, marine products, tourism and travel services, financial services, information technology and skill development. Enhancing the resiliency of supply chain in the Indo-Pacific region including diversification of supply sources and increase competitiveness of sectors. It will also attract foreign direct investment (FDI) in the region and strengthen mutually complementary relationship among the participants.
Prelims questions
- Consider the following statement regarding Atal Innovation Mission(AIM)
- Atal Innovation Mission ,NITI Aayog is Government of India’s flagship initiative to promote a culture of innovation and entrepreneurship
- AIM is also currently having its programs reviewed by Atal Tinkering lab for ensuring continuous improvements.
Select the correct statement using code given below.
(a). 1only      (b) 2 only
(c).Both      (d). None of above
Answer: A
Atal Innovation Mission (AIM), NITI Aayog is Government of India’s flagship initiative to promote a culture of innovation and entrepreneurship in the country and was setup in 2016. Towards this end AIM has taken a holistic approach to ensure creation of a problem-solving innovative mindset in schools and creating an ecosystem of entrepreneurship in universities, research institutions, private and MSME sector. All the initiatives of AIM are currently monitored and managed systematically using real-time MIS systems and dynamic dashboards. AIM is also currently having its programs reviewed by third party agencies for ensuring continuous improvements.
Atal Innovation mission has launched the Atal Tinkering Lab (ATL) program. ATL is a state-of-the-art space established in a school with a goal to foster curiosity and innovation in young minds, between grade 6th to 12th across the country through 21st century tools and technologies such as Internet of Things, 3D printing, rapid prototyping tools, robotics, miniaturized electronics, do-it-yourself kits and many more. The aim is to stimulate a problem-solving innovative mindset within the children of the ATL and nearby communities.
- Consider the following statement regarding Supply chain resilience initiative
- India, Japan and South Korea initiative to build resilient supply chains in the Indo-Pacific region.
- The initiative, originally piloted by South Korea and based on bilateral discussions
Select the correct statement using code given below.
(a). 1only      (b) 2 only
(c).Both      (d). None of above
Answer: D
India, Japan and Australia initiative to build resilient supply chains in the Indo-Pacific region. As they seek to reduce dependence on China following its hostile political and military conduct. The trio aims to create a free and transparent trade and investment environment.
The key features of the initiative, originally piloted by Japan and based on bilateral discussions, are enhancing the resiliency of supply chain in the Indo-Pacific region including diversification of supply sources and increase competitiveness of sectors. It will also attract foreign direct investment (FDI) in the region and strengthen mutually complementary relationship among the participants.
The other sectors include pharmaceuticals, medical devices, marine products, tourism and travel services, financial services, information technology and skill development. Enhancing the resiliency of supply chain in the Indo-Pacific region including diversification of supply sources and increase competitiveness of sectors. It will also attract foreign direct investment (FDI) in the region and strengthen mutually complementary relationship among the participants.