Data Protection Laws to balance regulation and innovation while protecting citizens’ rights: Minister Ashwini Vaishnaw

The Digital Personal Data Protection rules drafted by the government strike a balance between regulation and innovation while protecting the rights of citizens, Union minister Ashwini Vaishnaw said on Saturday.

The government released draft regulations for the Digital Personal Data Protection Act on Friday for public consultation until February 18.

“The rules should be within the four walls of the Act. It is within the framework of the Act passed by the Parliament. These rules are designed to ensure a balance between regulation and innovation while fully protecting the rights of citizens,” Vaishnaw told PTI. the interview.

The minister said earlier there was only one template available in the world – European data protection law with a high level of regulation – but Indian laws have tried to balance this law with new ways to protect the growth of the developing ecosystem among startups. in the country.

He said extensive discussions were held with the industry and a digital office was created to register complaints, their management and adjudication.

The minister said that the final rules will be put before the Parliament during the monsoon season and all agencies that handle digital information will have two years to prepare their system and comply with the law.

“All agencies under this Act will have to review the existing permit after the rules are in place,” said Vaishnaw.

He said the rules could be updated based on what happens in the new data system.

“As much as possible, a narrow goal has been kept in the rules to ensure easy implementation of the Act. The rules have carefully addressed the serious damage that the digital world can cause to the privacy of people, especially children,” said Vaishnaw. .

The draft Rules for the Protection of Your Digital Data specify that verifiable parental consent will need to be obtained by social media or online platforms before children can create an account.

Parental identity and age will need to be verified through voluntarily provided proof of identity or physical tokens.

“We have also kept the fines limited to protect the interests of micro, small and medium enterprises. It is to save businesses that may be using a single computer. However, Big Techs have higher obligations under the laws. Small violations will attract small fines. and large violations will lead to higher penalties,” said Vaishnaw.

He said that the provision of the sentence will be used according to the law and the rules set the way to use it.

The Act has a provision to impose a penalty of up to Rs 250 crore on data fiduciaries.

“There is a provision… Under the Act where a company can voluntarily submit any breach to the Data Protection Board that it will face under the Act,” said Vaishnaw.

According to the DPDP Act, the acceptance of the voluntary undertaking by the Board shall include restrictions on the procedures under the provisions of this Act regarding the content of the voluntary undertaking.

If a person fails to comply with any period of voluntary action accepted by the Data Protection Board (DPB), it will be considered a violation of the provisions of the Law and the board, after giving the person the opportunity to explain his situation. position, he can take action according to the penal provisions.

The minister said that measures must be taken to protect small businesses according to the basis laid down in this Act.

Vaishnaw said the rules on data processing overseas will be implemented while keeping in mind the rights of citizens and the interests of the country.

“The country must be able to benefit from all the new opportunities that arise in the digital economy,” said Vaishnaw.

However, the laws will not affect the existing norms under which the media operates. “The rights of the media will continue as they are. The media will continue to work as an existing body,” said Vaishnaw.

Vaishnaw added that digital platforms will also have to inform and take people’s consent in English or any of the 22 Indian languages ​​listed in the Constitution in the language of their choice.