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Behind the Scenes of India's Data Protection Bill, 2019: Striving for Balance Between Privacy and Progress

Mr. Ravi Shankar Prasad, Minister of Electronics and Information Technology, presented the Personal Data Protection Bill, 2019, in Lok Sabha on December 11, 2019 the bill was referred by standing committee on December 11, 2019 after that on December 16, 2021 the standing committee report this bill. At the end on August 03, 2022the Lok Sabha withdrown this data protection bill 2019. The Bill attempts to protect individuals' personal data and established a Data Protection Authority to that end.

Functional of the bill:
The draft regulates the processing of personal data as follows:
  1. governments;
  2. companies incorporated in India;
  3. foreign companies handling personal data of individuals in India.
Personal data is data relating to identity characteristics, characteristics or attributes that can identify an individual. The draft classifies certain personal data as sensitive personal data. This includes financial data, biometric data, caste, religious or political beliefs, or other categories of data determined in consultation with regulatory authorities of government agencies and relevant departments. Accountability of the bill: A data trustee is a legal or natural person who determines the means and purposes of processing personal data. Certain purpose, collection and storage restrictions apply to such processing. For example, personal data may be processed only for specific, explicit and legitimate purposes. In addition, all data controllers are required to take certain transparency and accountability measures, such as:
  1. implementing safeguards (such as encrypting data and preventing misuse of data);
  2. establishing a complaints mechanism to handle complaints from individuals;
In addition, mechanisms for age verification and parental consent must be put in place when processing sensitive personal data of bambino. Individual rights: The bill establishes certain rights for individuals (or data controllers).

This includes the right to:
  1. obtaining confirmation from the trustee as to whether personal data has been processed;
  2. requesting correction of inaccurate, incomplete or outdated personal data;
  3. replacing personal data with another data in certain circumstances; and
  4. limit the continued disclosure of Personal Data by the Trustee when it is no longer necessary or consent has been withdrawn.
India's privacy law has been underway since 2018 when a commission led by retired Supreme Court Justice Sri Krishna drafted the bill.

The draft was reviewed by the JCP and its recommendations were presented with the bill in November 2021. In a memo circulated to parliamentarians, Federal IT Minister Ashwini Vaishnau explained why the bill was withdrawn:
"The Personal Data Protection Act 2019 was discussed in great detail by a joint parliamentary committee. 81 amendments were proposed and 12 recommendations were issued for a comprehensive legal framework for the digital ecosystem. Taking into account the report of the Japanese Communist Party, we are working on a comprehensive legal framework.

Therefore, in this situation, we will withdraw the Personal Data Protection Bill of 2019 and introduce a comprehensive It is proposed to introduce new legislation that fits into the framework."

The bill was also deemed "too compliance-heavy" by domestic start-ups, The Indian Express previously reported. Government sources say the revised law will be much easier to comply with, especially for start-ups.

In Assertion:
The Data Protection Bill 2019 is violative of Fundamental Right to Privacy under the Indian Constitution.
"The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution."

"While the legitimate expectation of privacy may vary from the intimate zone to the private zone and from the private to the public arenas, it is important to underscore that privacy is not lost or surrendered merely because the individual is in a public place. Privacy attaches to the person since it is an essential facet of the dignity of the human being" I am agree of this given statement because in KS Putta Swami v. Union of India it is femes od aadhar case.

In this case the 9 judge bench of supreme court said that Indian citizen do have right of privacy to support under Article 21of the Indian constitution. There is no any separate declaration of protect fundamental right to privacy. It is sufficiently protected under Article 14, 19 and 21 of the Indian constitution.

In the judgement of Putta swami case supreme court courts the case of Navtej Singh Johar v. Union of India in this case Supreme Court support Article 21 says that right to life and dignity includes right to privacy, dignity and autonomy.

In another case M P Shrma v. Satish Chandra in this case Supreme Court says that for the security of the state was provide overriding power of search and seizure. In this case there are eight judges bench says that there is no such right to privacy in the Indian constitution. In the 4th amendment of U S constitution provides right to privacy to i9ts citizen. In the case of, this case is mainly related to surveillance.

In this case six judges bench of supreme court says that the domiciliary visits were deemed unconstitutional but other every other regulation was deemed valid in constituti0on right to privacy is not guaranteed and court also said that under Article 19 ( 1) ( d ), Right to movement is infringes with only physical relation. In this case Justice Subba Rao opinion is very Important, he Said that article 19 ( 1) ( d ) freedom of movement is used by anyone for any way like secret conversation, meet friends and so on. people's Union of Civil Liberties v. Union of India this case supreme court issued some guidelines against the phone trapping. Supreme Court says that telephonic conversation is confidential or intimeate nature so this type of conversation is right to privacy. After seen all the cases, facts and judgement of all the cases I conclude that the data protection bill, 2019 is under violative of Fundamental Right to privacy under the Indian constitution.

The journey of India's Personal Data Protection Bill, 2019, reflects a complex evolution marked by significant functional aspirations and subsequent withdrawal. Despite its commendable goals of regulating personal data processing, safeguarding individual rights, and establishing accountability mechanisms, the bill faced criticism for its potential impact on start-ups and concerns about violating the Fundamental Right to Privacy.

The withdrawal in August 2022, influenced by a joint parliamentary committee's recommendations for a more comprehensive legal framework, signifies a pragmatic approach. The debates surrounding privacy rights, anchored in constitutional principles like Article 21, reveal a nuanced landscape. While the bill's withdrawal marks a critical juncture for legislative refinement, it underscores the ongoing challenge of striking a delicate balance between data protection and individual privacy in the digital era.

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