Government Withdraws The Personal Data Protection Bill

2022-08-05 17:40:44
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The Central government, on Wednesday, has announced the withdrawal of Personal Data Protection Bill, 2021. It is also said that the bill would be soon replaced by a comprehensive legal framework that will be designed to address all the contemporary and future challenges of the digital ecosystem.

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Stating the government's stand on this withdrawal, Union information technology minister, Ashwini Vaishnaw said, "The Personal Data Protection Bill, 2019 was deliberated in great detail by the Joint Committee of parliament, 81 amendments were proposed and 12 recommendations were made towards comprehensive legal framework on digital ecosystem. Considering the report of the JCP, a comprehensive legal framework is being worked upon. Hence, in the circumstances, it is proposed to withdraw The Personal Data Protection Bill and present a new bill that fits into the comprehensive legal framework."

As a response regard to the bill withdrawal, Rajeev Chandrasekhar, MoS for electronics and technology said in a news report was quoted as saying, "Big tech firms would have just hired more lawyers to comply if there was a complicated privacy law. The burden of such legislation would have hurt startups. I have always emphasized that data privacy is anyway a fundamental right of all citizens, according to the Supreme Court's ruling. What the data protection law does is it just specifies the do's and don'ts for those who collect the data."

Members of the Joint Committee on Personal Data Protection Bill also welcomed the government's move to withdraw the legislation. The committee responded that it was better to bring a new legislation considering the 80 amendments suggested by the panel. The committee had submitted a 542-page report including an overall 93 recommendations and 81 amendments to the Bill in December 2021. Later on, former Union minister and BJP MP P.P Chaudhary had also suggested around 97 corrections and improvements in the Bill.

Senior BJD leader, Bhartruhari Mahtab, said in an interaction with The Hindu that, "The Bill had more than 75 amendments. The government had also moved around 12 amendments. Instead of moving all those amendments, it is better to have a new Bill. But it should come early. We need to have a data protection law and it should not be delayed.

Responding to the withdrawal of the Bill, Congress Lok Sabha MP Manish Tewari tweeted that, "Most unfortunate Personal Data Protection Bill, 2019 as amended by joint committee of Parliament is being withdrawn by government for full two years during the height of wave I and 2 of Covid-19. MP's across parties worked to make it better. Big techs never wanted this law. Big tech won; India lost."

As per data available, The Data Protection Bill was introduced on December 11, 2019 by Union electronics and information technology minister Ravi Shankar Prasad. The Bill was referred to a Joint Parliamentary Committee and it was aimed at protecting the privacy of individuals relating to their personal data and build a relationship of trust between them and the entities processing this data.

参考译文
政府撤回《个人资料保护条例草案》
中央政府周三宣布撤回《2021年个人数据保护法案》。据说,该法案将很快被一个全面的法律框架取代,以应对数字生态系统当前和未来的所有挑战。对此,电子与信息技术部联席部长阿什维尼·瓦伊什纳夫表示:“《2019年个人数据保护法案》曾由议会联合委员会进行了深入审议,提出了81项修正案,并就建立数字生态系统的全面法律框架提出了12项建议。在考虑了联合委员会的报告后,目前正着手构建一个全面的法律框架。因此,在目前情况下,计划撤回《个人数据保护法案》,并提出一项符合该全面法律框架的新法案。”对此撤回法案的回应,电子与技术国务部长拉杰夫·钱德拉谢卡尔在一篇新闻报道中被引述说:“如果存在复杂的隐私法,大型科技公司只会聘请更多律师来遵守。此类立法的负担将伤害初创企业。我一直强调,根据最高法院的裁决,数据隐私本来就是所有公民的基本权利。数据保护法所做的,只是为那些收集数据的人规定了应该怎么做和不应该怎么做。”《个人数据保护法案》联合委员会的成员也对政府撤回立法的决定表示欢迎。委员会回应称,鉴于委员会提出的80项修正案,制定新法律会更好。委员会在2021年12月提交了一份542页的报告,包括对法案的总体93项建议和81项修正案。随后,前联盟部长和印度人民党议员P.P.乔杜里也对该法案提出大约97项修正和改进。资深人民党(BJD)领袖巴拉图哈里·马哈塔在接受《印度教徒报》采访时说:“该法案已有75多项修正案。政府也提出了大约12项修正案。与其逐一修改这些修正案,不如制定一部全新的法案。但这项新法案应尽早出台。我们需要一部数据保护法,不应再拖延。”针对法案撤回的情况,国大党人民院议员马尼什·特瓦里在推特上表示:“非常不幸,2019年《个人数据保护法案》在经历议会联合委员会的修改后,被政府在新冠疫情第一波和第二波高峰期整整撤回了两年。来自各党派的议员们都努力使该法案更完善。大型科技公司从不想有这部法律。大型科技公司赢了,印度输了。”据资料显示,《数据保护法案》于2019年12月11日由联席电子与信息技术部长拉维·尚卡尔·普拉萨德提出。该法案提交给议会联合委员会,旨在保护个人与其数据相关的隐私,并建立他们与处理这些数据的实体之间的信任关系。
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