New data bill spells out exemptions, but opposition parties, experts decry govt’s powers

economictimes.indiatimes.com:

Personal Data Protection Bill (DPDPB), 2023, tabled in the Parliament on Thursday has detailed certain scenarios in which the protection to users under the provisions of the Act will not be applicable. Members of the Opposition and some technology policy experts have raised concerns as this gives wide ranging powers to the government. Manish Tewari, MP, INC, Punjab, on the floor of the house said, “This bill cleaves the entire digital universe into two parts.

This bill will apply in full force to all non-governmental organisations and the entire government universe is going to be exempt from it”. Minister of state for electronics and IT, Rajeev Chandrasekhar, in a social media video message, however maintained that the exemptions have been carved out only in certain scenarios of national security and for maintaining law and order. Rahul Matthan, Partner, Trilegal, said, the exemption is in the interests of sovereignty and integrity of India, security of the State, friendly relations with foreign States, maintenance of public order or preventing incitement to any cognizable offence relating to any of these, and the processing by the Centre of any personal data that such instrumentality may furnish to it.

“This should apply as a restraint on the power of the government. We will need to see how it is notified,” he said. The bill also provides illustrations when such exemptions can be applied.