Topic: GS2 – Int Important for UPSC as it highlights the intersection of data protection laws, journalistic freedom, and democratic principles in India. |
| Context |
| ● The article discusses the absence of exemptions for journalistic activities in India’s Digital Personal Data Protection Act, raising concerns about journalistic free speech. |
Introduction:
- In August 2023, India enacted the Digital Personal Data Protection (DPDP) Act, aimed at safeguarding personal data and establishing grievance redress mechanisms.
- However, the absence of exemptions for journalistic activities raises concerns about its impact on journalistic free speech.
Impact on Journalistic Free Speech:
- Data protection laws typically exempt journalistic activities from privacy obligations, but the DPDP Act lacks such exemptions.
- Journalists using personal data for investigative reporting may need consent from subjects, affecting their ability to report on public figures’ actions and holding the state accountable.
- The Act’s provision allowing government access to data may compromise journalists’ source confidentiality and research integrity.
Evolution of Drafts and Lack of Public Consultation:
- Previous drafts of the DPDP Act included exemptions for journalistic activities, but subsequent versions omitted them without explanation.
- The removal of exemptions underscores the need for transparent public consultation processes in lawmaking.
- The government released three drafts for public feedback but did not disclose comments received, hindering public understanding and participation.
Government’s Role and Possible Solutions:
- The government can address the issue through rules under the DPDP Act, granting exemptions for journalistic entities.
- While exemptions should ideally be part of the law, utilising existing provisions offers a swift solution to safeguard journalistic free speech.
- Transparency in the consultation process and proactive measures to protect journalistic freedoms are essential for upholding democratic principles.
Conclusion:
- Ensuring exemptions for journalistic activities under the DPDP Act is crucial to preserving journalistic free speech and holding power to account.
- The government must prioritize transparency and public consultation to address concerns and uphold democratic values in data protection legislation.
| More about Digital Personal Data Protection (DPDP) Act: |
Highlights of the Digital Personal Data Protection (DPDP) Act: ● Applicability: Applies to processing of digital personal data within India, collected online or digitised offline, also applicable if processing occurs outside India for offering goods or services in India. ● Consent: Personal data processing permitted only with lawful purpose and individual consent, except for specified legitimate uses like voluntary data sharing and state processing for permits, licences, benefits, and services. ● Data Fiduciaries’ Obligations: Include maintaining data accuracy, ensuring security, and deleting data after fulfilling its purpose. ●Individual Rights: Granted rights include access to information, correction, erasure, and grievance redressal. ● Exemptions: Government may exempt certain activities, especially by government agencies, for reasons such as national security. ● Data Protection Board of India: Established to adjudicate non-compliance, monitor, and impose penalties, with members appointed for two years. Key Issues and Analysis: ● Exemptions for State Processing: May lead to excessive data collection, processing, and retention, potentially violating privacy rights. ● Lack of Regulation on Harm: Fails to address risks and harms arising from personal data processing. ● Absence of Key Rights: Does not provide for data portability and the right to be forgotten, limiting individual control over personal data. ● Cross-border Data Transfer: Allows transfer outside India with minimal restrictions, raising concerns about data protection standards in recipient countries. ●Short Tenure of Board Members: Two-year term with eligibility for re-appointment may compromise the Board’s independence. ● Additional Provisions for Children: Requires verifiable parental consent, lacks clarity on defining detrimental effects on child well-being. ● Exemption from Notice for Consent: Certain entities may be exempt from providing notice for consent, potentially hindering informed consent. |
| PYQ: Data security has assumed significant importance in the digitised world due to rising cyber crimes. Justice B. N. Srikrishna Committee Report addresses issues related to data security. What, in your view, are the strengths and weaknesses of the Report relating to protection of personal data in cyberspace? (250 words/15m) (UPSC CSE (M) GS-3 2018) |
| Practice Question: Discuss the implications of the absence of exemptions for journalistic activities in India’s Digital Personal Data Protection Act on journalistic free speech. (150 Words /10 marks) |
