New Delhi Electronics, Information Technology and Communications Minister Ashwini Vaishnav said the government aims to replace the Personal Data Protection Bill with a comprehensive legal framework for the digital ecosystem that would include a new telecom law, information technology law and user privacy law. in an interview. The minister said the comprehensive legislation would have to be in sync with today’s digital economy, where data consumption is mainly through mobile phones. He said improvements in media security and IT intermediary regulations from Big Tech will be part of a broader framework. The government will soon start consultations with stakeholders. Edited excerpt:
What was the reason for withdrawing the bill?
We withdrew the Data Protection Bill from Parliament today as the JCP had detailed discussions with stakeholders, and after a three-year long process, there were 81 amendments to the 99 Sections Bill and further recommendations for incorporation. As a background to this, we have to prepare a new draft.
Why abolish the law now and why not earlier?
It took us a few months after the JCP submitted the report. That’s when we could start on a new draft or think what to do with it (the old draft). Our intention is very clear. What we are doing is basically in line with what the Supreme Court has asked us to do. I completely understand that there has been a delay, but the subject was very complex. We could have taken it back four months ago, but we needed a little deliberation before we could bite the bullet.
When do you want to start counseling?
Very soon.
When did you decide that the new bill should come?
We are in a digital economy. What are its four or five big components- the Telecommunications (Act) of 1885, the Information Technology Act of 2000, they are old. And here is a joint committee of Parliament’s report asking us to do a lot of things that need to be done. So how do we keep everything in one very clear, comprehensive framework? So this is the starting point. The full comprehensive framework that we are working on in parallel on all these activities is. We are fully committed to the right to privacy; This is completely in line with the Supreme Court’s decision, and now much faster, we will be able to do it because the parliamentary process is now over. Otherwise, it will become a privilege issue that there is already a bill going on in the Parliament and officially we do a new one; It goes very wrong.
What are the main pillars of the new comprehensive law? Will the 2019 draft bill be a reference point?
Therefore, the fundamentals of data privacy already exist, are accepted all over the world, and are fully understood by the entire global community. So, there is no change in it. The basic point is how do we put it into a wider picture so that each (telecom, IT, data) within that framework resonates properly with the others. Telecommunications is a major way by which we consume data today, and this is where there are huge privacy concerns. The counseling paper that is issued should contain the elements which are reflected in the data security. This again has to be in sync with what we are drafting in the reforms of the IT Act. So, all these things have to be in sync with each other properly.
Elements of protection of consumer rights, rules for social media and elimination of fake news. How will they be addressed?
Social media should be accountable. There is now a good consensus even in Parliament that there should be accountability. So, which of these three pieces will fit, we are working on it. We should be able to upload it for public consultation as soon as we’re done. We are in an advanced stage. We will be able to bring you the new version very soon.
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