Digital Personal Data Protection bill, 2023, may give advisory powers to the Data Protection Board (DPB) to recommend to the Centre to either have content taken down, or intermediary access blocked in “public interest.” This is if the board notices two or more instances of rule breaches by a platform, official sources told ET. The bill’s latest version appears to have largely accommodated industry feedback, although the clause ensuring content takedown powers is an addition that has caught some experts by surprise. This may largely impact internet and social media platforms.
The bill is scheduled to be introduced on Thursday. The measure to block access has been introduced to give the government control on repeated instances of flagrant violations of the provisions of the bill, a senior government official said. “The clause provides for harsh steps as and when needed, but we hope to use them sparingly,” the official said.
“The Centre must have powers that keep the internet safe and trusted. If an intermediary fails to keep data of citizens safe from breaches repeatedly, mere imposition of penalties will not solve the problem.” The Board may impose a “monetary penalty” and every intermediary who receives such a direction shall be bound to comply with the takedown orders. As per a copy of the bill set to be introduced in the Lok Sabha on Thursday, under clause 37 (1), the Centre or its officers will give the intermediary or the data fiduciary “an opportunity to be heard” before deciding on blocking access to such platforms, sources told ET.
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