After a long year of consultations, Justice BN Srikrishna Committee on Friday submitted the Personal Data Protection Bill 2018 and its report on Data Protection to the Ministry of Electronics and Information Technology (MeiTY).
Recognising privacy as a fundamental right, the committee proposed “explicit consent” for processing ‘sensitive personal information’ like religious or political belief, sexual orientation and biometric information.
The government-constituted high-level panel headed by Justice Srikrishna recommended restriction and imposition of conditions on the cross-border transfer of personal data in the draft of Personal Data Protection Bill, 2018.
The committee also suggested setting up of Data Protection Authority of India to prevent any misuse of personal information.
What the draft of Personal Data Protection Bill, 2018 says:
In its report on Data Protection as also the draft of the bill, the Justice Shrikrishna Committee noted that “the right to privacy is a fundamental right and it is necessary to protect personal data as an essential facet of informational privacy.”
The draft of the bill said that it was necessary to create a relationship of trust between persons sharing their personal data and entities processing that.
“Protect the autonomy of individuals in relation with their personal data, to specify where the flow and usage of personal data is appropriate, to create a relationship of trust between persons and entities processing their personal data…,” the draft of the bill said.
The draft of Personal Data Protection Bill, 2018 also provides for a penalty of Rs 15 crore or 4 per cent of the total worldwide turnover of any data collection entity, including the state, for violation of personal data processing provisions.
According to the draft, ‘sensitive personal data’ comprises passwords, financial data, health data, sex life, sexual orientation, biometric data, genetic data, caste or tribe and religious or political belief or affiliation.