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Data Protection Bill 2021: What rights will individuals have on their data?

Among other recommendations, the JPC has proposed the right to be forgotten with thoughts on how to enforce it.

The Data Protection Bill 2021 presented by the Joint Parliamentary Committee (JPC) confers certain rights upon data principals (or individuals) which deal with correction and erasure of personal data, Right to be Forgotten, data portability, among other things, giving data principals an opportunity to prevent or restrict continued disclosure of their personal data. Expanding the scope of Right to be Forgotten The Joint Parliamentary Committee's report recommended that the word “processing” should be added along with the word “disclosure” to Clause 20 which deals with the Right to be Forgotten. It now reads as: “The data principal shall have the right to restrict or prevent the continuing disclosure or processing of his personal data by a data fiduciary where such disclosure or processing” has served the purpose, the consent was withdrawn or if data was disclosed illegally." Earlier version: The 2019 draft of the PDP bill only had the word ‘disclosure’ and the rest of it reads the same in both versions. The user can make a complaint to the Data Protection Authority in case of a grievance. The DPA will then order the data fiduciary to remove the user’s data. Reasons for change: The JPC said that the expression “disclosure” cannot serve the purpose of the Right to be Forgotten. The committee observed that data fiduciaries can process personal data without disclosing the data with anybody even after the right is exercised by a data principal as the earlier draft allowed only for restriction or prevention of disclosure of…

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I cover several beats such as Crypto, Telecom, and OTT at MediaNama. I can be found loitering at my local theatre when I am off work consuming movies by the dozen.

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

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