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DPDP Bill, 2022 Has Received Good Response From Stakeholders: MeitY’s Ashwini Vaishnaw

Ashwini Vaishnaw, India’s IT and Electronics minister (MeitY), defended the draft data protection bill 2022 on several fronts

The response (on the draft Digital Personal Data Protection Bill 2022) we have received from stakeholders is very good, said Union Minister of Electronics and Information Technology Ashwini Vaishnaw, at the Times Now Summit. He said three things are coming to the forefront: the bill is very clear and neatly drafted, there's a very good balance, and the that the bill is 'digital by design'. He also said this bill will make justice accessible for everyone, not only for those living in Metros. However, it's important to note that experts and civil organisations have highlighted several concerns with the bill. This article by Medianama highlights 12 such concerns, here are a few of them:  The “as may be prescribed” Bill: Internet Freedom Foundation tweeted, "For the 30 clauses, we have noticed the phrase, “as may be prescribed” mentioned 18 times, often without any legislative guidance. This creates vague, unguided power for the Union Government to frame rules". Problem with deemed consent: Experts have flagged that the criteria of what constitutes "deemed consent" is very broad and vague. The bill says a data principal will be deemed to have given consent (even if such consent has not been specifically given) in certain circumstances, like for complying with any law, for prevention of corporate espionage, for verification of attendance, if it's in the "public interest" etc. Government and law enforcement agencies can exempt themselves: According to the bill, the Central Government can exempt any “instrumentality of the state” from the provisions of the bill…

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I cover privacy, surveillance and tech policy. In my reporting, I try my best to present the most relevant facts, and sometimes add in a pinch of my thoughts.

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