Data Protection Bill | Bid to impose 'emergency on permanent basis', says Moily
The Hindu
Govt's Digital Personal Data Protection Bill passed by Parliament is "regressive" and will impose "emergency on a permanent basis", alleges M Veerappa Moily. Bill includes compliance reqs, ₹250 crore penalty for data breach, and amends RTI Act to exempt personal data. Govt less transparent & accountable, takes away liberty of people, Moily says.
Senior Congress leader M Veerappa Moily on Friday, August 11, 2023 hit out at the government over the Digital Personal Data Protection Bill passed by Parliament this week, and alleged that the legislation was "regressive" and intended to impose an "emergency on a permanent basis".
The Bill introduces several compliance requirements for the collection and processing of personal data and provisions for up to ₹250 crore penalty for any data breach. It was passed by Parliament on Wednesday, August 9, 2023.
Mr. Moily said the legislation proposes to amend the Right to Information (RTI) Act to exempt all personal data about individuals which would also mean that government officials and ministers can choose not to make disclosures in answers to RTI applications.
The BJP government at the Centre has taken away the transparency brought by the law of RTI and defeated its very purpose, the former law minister alleged.
"This retrograde amendment has been pushed through despite advice against it received from legal and technical experts," Mr. Moily said.
The government has already included many provisions earlier to insulate itself from most of the data protection under the pretext of protecting national security, managing foreign relations, maintaining public order, and even prevention of crimes, he said.
It is ironic that the government wants the citizens of this country and their data to be completely transparent, while the government exempts itself completely from this requirement, the Congress leader said.
“We are judges and therefore, cannot act like Mughals of a bygone era ... the writ courts in the guise of doing justice cannot transcend the barriers of law,” the High Court of Karnataka observed while setting aside an order of a single judge, who in 2016 had extended the lease of a public premises allotted to a physically challenged person to 20 years contrary to 12-year period stipulated in the law.