India Passes Landmark Data Protection Bill

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Facts

  • On Wednesday, Indian lawmakers approved a data protection bill to manage how tech companies utilize users' data despite concerns that the law could give more surveillance power to the government.1
  • The new legislation, the Digital Personal Data Protection Bill 2023, gives the government the discretion to excuse state agencies from complying with the law and allows users to alter or delete their data.2
  • The law will also allow the government to decide which countries can receive Indian data and will see the formation of a government-appointed board to advise on decisions.3
  • This comes after two earlier versions of the legislation were canceled in 2021 and 2019 amid criticisms from tech companies like Facebook and Google. Any company found in violation of the new law could face a penalty of up to $30M.4
  • Independent groups and opposition leaders have criticized the bill's government exemptions, including allowing it to overrule the need for companies to obtain consent before collecting user data.5
  • The bill will take effect once approved by Pres. Droupadi Murmu.4

Sources: 1Associated Press, 2Reuters, 3Al Jazeera, 4TechCrunch, and 5Verdict.

Narratives

  • Narrative A, as provided by Op India. This is a tremendous win for the Indian people as the government looks to protect their rights in the digital age. With all the information and access available today, many people are vulnerable to their personal data being accessed by corporations or nefarious actors. The government recognized that problem and is cracking down on inappropriate data breaches.
  • Narrative B, as provided by Reuters. Civil society groups have rightly raised concerns about the scope of exemptions in India's new data protection law, which doesn't contain sufficient safeguards against overbroad surveillance by the government and could adversely affect press freedom and dilute the Right to Information law. This bill may protect citizens from Big Tech, but it leaves them vulnerable to the state's prying eyes.