The story so far: The Ministry of Electronics and Information Technology (MEITY) on February 21, 2022 released a policy proposal titled as, “Draft India Data Accessibility & Use Policy, 2022”. The policy aims to, “radically transform India’s ability to harness public sector data”. The proposals of the Draft Data Accessibility Policy has been in the spotlight for permitting the licensing and sale of public data by the Government to the private sector.
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National security, at the cost of citizens’ privacy
After two years of deliberation, the Parliamentary Joint Committee on the Personal Data Protection Bill, 2019 (JPC) tabled its report this week. The recommendations are appended with a redrafted version of the law, named the “Data Protection Bill, 2021”. The constitutional principle of a data protection law has been set out in the Justice K S Puttaswamy judgment by the Supreme Court of India that reaffirmed the fundamental right to privacy. Justice D Y Chandrachud stated that the “creation of such a regime requires a careful and sensitive balance between individual interests and legitimate concerns of the state.” There are three clear reasons why the Data Protection Bill, 2021 tilts clearly in favour of the central government and against the fundamental right to privacy.