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Data Governance

15 Jul 2023 Data Governance

Posted at 10:22h in Daily current-affairs by
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This article covers “Daily Current Affairs” and the topic details “Data Governance”. The topic “Data Governance” has relevance in the Governance section of the UPSC CSE exam.

For Prelims:

Core Data Governance Framework?

For Mains:

GS 2: Governance

Global Regulations?

Data Governance in India?

Way Forward?

Why in the news?

Recently, the Union Cabinet has approved the Draft Digital Personal Data Protection Bill (DPDP), 2022, to be introduced in the Monsoon session of Parliament with some significant changes.

Core Data Governance Framework:

  • If passed, the Digital Personal Data Protection Bill (DPDP) will become India’s core data governance framework.
  • It was introduced six years after the Supreme Court declared privacy as a fundamental right.
  • Proposed Legislation in the IT and Telecom Sectors:
  • The Digital India Bill aims to replace the existing Information Technology Act, 2000.
  • It is designed to provide a comprehensive framework for the digital ecosystem.

Indian Telecommunication Bill, 2022:

  • The Indian Telecommunication Bill, 2022, focuses on the telecommunications sector.
  • It aims to establish a new regulatory framework for the rapidly evolving telecom industry.

Non-Personal Data Governance Policy:

  • The Non-Personal Data Governance Policy is a policy that specifically governs non-personal data.
  • It aims to provide guidelines and regulations for the handling and usage of non-personal data.

 

What are the Expected Changes?

Lowering Age of Consent:

  • The draft bill proposes a graded approach to determine the age of consent for data processing.
  • This change addresses concerns raised by social media companies and aligns with data protection regulations in the European Union and the United States.

Definition of a Child and Exemptions:

  • The definition of a child may include individuals below 18 or a lower age as determined by the Central Government.
  • Certain entities dealing with children’s data may be exempted from obtaining parental consent if they demonstrate safe data processing practices.

Relaxations on Cross-Border Data Flows:

  • The upcoming bill introduces relaxations on cross-border data flows, moving from a whitelisting approach to a blacklisting mechanism.
  • The bill allows global data to flow by default to jurisdictions other than a specified negative list of countries.

 

Global Regulations:

  • The General Data Protection Regulations (GDPR) in the European Union provides comprehensive data protection laws for personal data processing.
  • The United States has limited sector-specific regulations, and there is no comprehensive set of privacy rights or principles like the GDPR.
  • China has enacted the Personal Information Protection Law (PIPL) and the Data Security Law (DSL) to protect personal data.

 

Challenges with Data Governance in India:

  • Insufficient Awareness.
  • Weak Enforcement Mechanisms.
  • Lack of Standardization.
  • Inadequate Safeguards for Sensitive Data.

 

Data Governance in India:

  • IT Amendment Act, 2008.
  • Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
  • Proposal of the Digital India Act, 2023 to replace the IT Act, 2000.
  • Judgements like Justice K. S. Puttaswamy (Retd) vs Union of India, 2017 and recommendations by the B.N. Srikrishna Committee, 2017.

 

Way Forward:

  • The government should prioritize data protection and establish an independent and empowered data protection board.
  • Balancing stringent regulations with fostering innovation is crucial.
  • Finding the right balance will ensure effective governance and enforcement of data protection regulations.

SOURCE:https://www.financialexpress.com/tech-trends/data-protection-bill-new-version-eases-norms-on-info-transfer/3164067/

Yojna daily current affairs eng medium 15th July 2023



Q.1 ‘Right to Privacy’ is protected under which Article of the Constitution of India? 

(a) Article 15

(b) Article 19

(c) Article 21

(d) Article 29

Answer: (c)

Q2. Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement? 

(a) Article 14 and the provisions under the 42nd Amendment to the Constitution.

(b) Article 17 and the Directive Principles of State Policy in Part IV.

(c) Article 21 and the freedoms guaranteed in Part III.

(d) Article 24 and the provisions under the 44th Amendment to the Constitution.

Answer: (c)

Q.3 Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy.

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