wordpress blog stats
Connect with us

Hi, what are you looking for?

Govt non-commital on data protection bill timeline in Parliament

The government didn’t commit to a timeline on when it would introduce the revised Personal Data Protection Bill in Parliament. “Ministry of Electronics and Information Technology has introduced the Personal Data Protection Bill, 2019 in parliament during the winter session of 2019. The Bill has been referred to a joint committee of the Parliament,” the government said in two separate responses to queries on data privacy on March 17, through Minister of State for Electronics and Information Technology Sanjay Dhotre. The statement was in response to queries by BJP MPs Manoj Kotak and Pragya Singh Thakur.

This comes amid speculation that the current session of parliament may be adjourned as parties gear up to campaign for the state elections starting April. That could mean that the bill could be delayed to the next session of parliament, after being caught up in consultations and committee procedures for years.

Full questions and answers (March 17)

SADHVI PRAGYA SINGH THAKUR:

Will the Minister of Electronics & Information Technology be pleased to state :

(a) whether the Government has formulated any privacy policy for social media;

(b) if so, the details thereof;

(c) whether the Government proposes to formulate any privacy policy for social media platforms like WhatsApp; and

(d) if so, the details thereof?

ANSWER

MINISTER OF STATE FOR ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI SANJAY DHOTRE)

(a) to (d): Social media platforms are body corporate in the context of the Information Technology (IT) Act, 2000. Section 43A of the Act and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 notified under this section provide for safeguards for sensitive personal data or information collected by a body corporate. The Rules mandate that body corporate including social media platforms must provide policy for privacy and disclosure of such information, so that user is well aware of the type of personal data collected, purpose of collection and usage of such information. The rules also specify mode of collection of information, disclosure of information, transfer of information, etc.

Further, Government has already moved the Personal Data Protection Bill, 2019 in Parliament which is presently under the consideration of the Joint Committee of Parliament. The Bill provides for safeguards of privacy and interests of the Indian citizens.

Any privacy policy of a social media intermediary including WhatsApp must conform to the existing provisions of the law.

SHRI MANOJ KOTAK:

Will the Minister of Electronics & Information Technology be pleased to state :

(a) whether some social media companies are taking advantage in view of lack of legislation in the country dealing with data protection and if so, the details thereof;

(b) whether the Government has taken any action against whatsApp for compelling their users in India to accept their updated policy on sharing of data and if so, the details thereof?

ANSWER

MINISTER OF STATE FOR ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI SANJAY DHOTRE)

(a): The Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 notified under Section 43A of the Information Technology Act, 2000 defines sensitive personal information and also mandate that body corporate must provide policy for privacy and disclosure of information, so that user is well aware of the type of personal data collected, purpose of collection and usage of such information. The rules also specify mode of collection of information, disclosure of information, transfer of information, etc. Social media companies are body corporate.

Also, section 72A of the IT Act provides for punishment for disclosure of information in breach of the lawful contract.

Ministry of Electronics and Information Technology has introduced the Personal Data protection Bill, 2019 in parliament during the winter session of 2019. The Bill has been referred to a joint committee of the Parliament.

(b): Ministry of Electronics & Information Technology (MeitY) took cognizance of the WhatsApp announcement of its new Privacy Policy stated to be applicable to Indian users. To safeguard the interest of Indian users, Ministry of Electronics and Information Technology (MeitY) has asked WhatsApp to review the proposed privacy policy changes and also to explain the rationale of the same.

Also read

MediaNama’s mission is to help build a digital ecosystem which is open, fair, global and competitive.

Views

News

By Rahul Rai and Shruti Aji Murali A little less than a year since their release, the Consumer Protection (E-commerce) Rules, 2020 is being amended....

News

By Anand Venkatanarayanan                         There has been enough commentary about the Indian IT...

News

By Rahul Rai and Shruti Aji Murali The Indian antitrust regulator, the Competition Commission of India (CCI) has a little more than a decade...

News

By Stella Joseph, Prakhil Mishra, and Surabhi Prabhudesai The recent difference of opinions between the Government and Twitter brings to fore the increasing scrutiny...

News

This article is being posted here courtesy of The Wire, where it was originally published on June 17.  By Saksham Singh The St Petersburg paradox,...

You May Also Like

News

By Gunjan Chawla The recent revelation of the Pegasus hacks has re-ignited public discourse on privacy, surveillance, and intelligence reform. As the proposed Personal...

MediaNama is the premier source of information and analysis on Technology Policy in India. More about MediaNama, and contact information, here.

© 2008-2021 Mixed Bag Media Pvt. Ltd. Developed By PixelVJ

Subscribe to our daily newsletter
Name:*
Your email address:*
*
Please enter all required fields Click to hide
Correct invalid entries Click to hide

© 2008-2021 Mixed Bag Media Pvt. Ltd. Developed By PixelVJ