House Panel divided over Localisation of Data

The crucial Personal Data Protection (PDP) Bill is likely to undergo a complete overhaul as the members of the Joint Parliamentary Committee (JPC) scrutinizing the bill are of the view that its scope should be expanded from focus on personal data to encompass overall data protection.

“The Personal Data Protection Bill is likely to undergo a complete transformation as the intent of the Bill is likely to get changed. Most of the members of JPC are of the view that the ambit of the Bill needs to be expanded and it cannot just be about personal data. JPC members are unanimous that the PDP Bill should be about data and protection of data," said a person in the know of development.

The bill that was introduced in the Lok Sabha last December seeks to protect the privacy of individuals relating to their personal data. It also calls for setting up of a Data Protection Authority of India and aims at creating a framework for organizational and technical measures for processing of data. Amid concerns from lawmakers over citizens’ right to privacy, the bill was referred to the JPC headed by BJP MP Meenakshi Lekhi.

The original focus of the draft bill, tabled in Parliament last year, can be gauged from the fact at least a fifth of the total 98 clauses have the words “personal data" mentioned in their title. In the draft bill, four chapters are dedicated to explaining the ambit of personal data namely those on obligations of data fiduciary, grounds of processing of personal data without consent, personal data and sensitive personal data of children as well as one on restriction of transfer on personal data outside India.

JPC members believe that even as deliberations are taking place in the parliamentary panel, the process of building consensus is also taking shape and most of the political parties like Congress, Biju Janata Dal (BJD), All India Anna Dravida Munnetra Kazhagam (AIADMK) and Samajwadi Party (SP) are also supporting the changes being discussed and recommended by the committee.

“There is unanimity on most of the issues and so far there is no cause of concern about unanimity. Most of the members of the panel believe that it is an important [issue] which will impact the security of the country and people so there should be discussion. There have been recommendations about inviting more people before the panel so it is possible that the committee would invite representatives of more companies that collect and store data," said the ones acquainted with the development.