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Data Protection Law in India: privacy concerns

Concerns are growing over India's new data protection law

India's parliament has passed a new data protection law, but there are concerns over privacy infringement. The law requires explicit consent for the collection and use of personal data, but critics fear the government could access the data indiscriminately. Additionally, overseas data retention arrangements raise data security concerns. The law has yet to be approved.

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India's Parliament recently passed data protection legislation, prompting concerns among critics who fear a potential invasion of privacy. The new law, known as the Data Protection Bill, aims to provide a legal basis for the processing and protection of personal data in India. However, many experts and digital rights activists are expressing doubts about the scope and effectiveness of this new law.

Data Protection Bill: the details

The Data Protection Bill, passed by the Lok Sabha (the lower house of the Indian Parliament) last month, is a significant measure for the country, which has not had specific data protection legislation until now. The law establishes a regulatory framework for companies, obliging them to obtain the explicit consent of Indian citizens for the collection, processing and storage of their personal data. The stated aim is to ensure that citizens' personal data is treated securely and responsibly.

Data Protection Bill: the criticisms

Despite these goals, many critical voices argue that the Data Protection Bill will not provide adequate protection for the privacy of Indian citizens. A common topic of concern is the government's role in accessing and processing personal data. Critics fear the law could be used to allow the government indiscriminate access to citizens' data, undermining their fundamental privacy. Some experts also argue that the law could put the security of user data at risk. The Data Protection Bill includes provisions that allow companies to retain the personal data of Indian citizens abroad, provided this does not go against national interests. This provision has come under criticism, as it may expose user data to greater risk, especially if stored in countries with less stringent data protection regulations.

The point of view of the Indian Parliament

Despite the criticisms, the Indian government argues that the Data Protection Bill is a necessary measure to provide greater protection of citizens' personal data, while ensuring a balance with the needs of security and technological development. The law still needs to be approved by the Rajya Sabha (the upper house of the Indian Parliament) before going into effect. Meanwhile, concerns regarding the privacy and security of personal data remain, raising questions about the ability of this law to effectively protect the digital rights of Indian citizens.

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08/11/2023 09:49

Marco Verro

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