Personal Data Protection Bill: Entities May Face Penalty of Up to Rs. 250 Crore on Failing to Protect Data

New Dilli:

The bill added in Parliament these days offers the advent of the Information Protection Board of India and gives safety to the Centre, the Board, and its participants in “a step taken in appropriate religion”.

The invoice secure the penalty requirements as compared to the notion within the virtual personal statistics protection bill, which was despatched out for a public session in November 2022.

If the board unearths on the belief of the inquiry that the contravention of the provisions of this Act or the policies made thereunder through someone is serious, it could, after giving the individual a possibility of being heard, impose a quality distinct in the schedule,” the Protection bill said.

No healthy, prosecution or different prison intending shall lie against the imperative authorities, the Board, its Chairman, and any member, officer, or worker thereof for whatever is carried out or to be performed in correct religion under the provisions of this Act or the rules. achieved beneath him,” the invoice stated.

LOK SABHA INTRODUCES records protection invoice’

Ashwini Vaishnaw, Minister for Electronics and Facts Technology, added the landmark data safety Protection bill, 2023 inside the Lok Sabha on Thursday. however, several MPs from competition events adversarial the flow and asked that it be despatched to a standing committee rather, as opposed to a voice vote. the vote allowed the law to bypass, with debate likely to take area in the following few days.

The provisions of the Act permit the center to dam get admission to content within the interest of the majority after receiving a written recommendation from the Board.

Minister of Country for Electronics and IT Rajeev Chandrasekhar stated that the Act, as soon as passed using the Parliament, will defend the rights of all citizens, allow the enlargement of the innovative economic system and permit the government a lawful and valid approach inside the subject of countrywide safety and emergencies like pandemics and earthquakes and many others.

That is without a doubt regulation to create a profound permanent alternate in behavior and create quite punitive effects for any or all platforms that are misusing or exploiting the non-public records of any Indian citizen,” said Mr. Chandrasekhar.

Personal Data Protection Bill: Entities May Face Penalty of Up to Rs. 250 Crore on Failing to Protect Data

Vaishnaw rejected recommendations that it was a cash account

The Protection bill, which comes six years after the preferred courtroom declared the “proper to privateness” a fundamental proper, includes provisions to cut down the misuse of people’s information by online structures. The regulation has been in the works in view that 2017 to offer a felony framework to shield privacy as the perfect court requested the government to discover and install location a “sturdy records safety regime” within the cutting-edge age.

WHAT DOES THE statistics protection inspiration SAY?

The Virtual privateness Safety Invoice (DPDP) 2023 proposes to tighten the loop on entities, especially line platforms including cell apps and social media organizations which include FB, Twitter, and Telegram, in terms of amassing and processing customers’ non-public data, whether or not in the u. s  or distant places.

In particular, the draft law does not consist of a provision that differentiates between sensitive and non-sensitive non-public information, nor does it restrict the processing of statistics overseas until any restrained geographic location is notified beneath the proposed standards.


The Protection bill seeks to exempt the middle and entities notified with its aid of it in positive special cases relating to the hobbies of sovereignty and integrity of India, renovation of public order or prevention of incitement to any cognizable offense, court orders, research, and so on.

Records safety BOARD: The invoice proposes the advent of an information safety Board of India to cope with personal records safety court cases from people if facts topics or groups the usage of non-public data fail to remedy character court cases.

TDSAT: Any individual aggrieved through an order or order handed by the Board below the Privacy Act, 2023 can enchantment to the TDSAT Telecom Tribunal after which to the preferred courtroom.

Requirements FOR massive ENTITIES: big online platforms may be required to hire a facts safety officer to act as a factor of touch for their customers’ complaints and redress mechanisms. large online entities will even rent independent statistics auditors to perform records audits and examine businesses’ compliance with the provisions of the DPDP invoice 2023.

The important government may additionally BLOCK content IF…”: The provisions of the Act permit the middle to dam get admission to content within the hobby of the general public after receiving written advice from the Board.

“Children’s facts protection”: The bill consists of a mechanism for the processing of kid’s statistics described as individuals beneath 18 years of age. in the case of kids, entities will need to gain the consent of a father or mother. beneath the proposed requirements, the middle can also announce an age beyond which the facts controller may be capable of technique the facts, as long as it’s miles done in a demonstrably at ease way.

What does the invoice consist of?

Entities who misuse or fail to defend customers’ virtual data can face fines of as much as ₹250 crores, the invoice says.