Dinesh Kamath's Editorial 'Need for data protection laws' that was published in Newsband

Need for data protection laws

The information age opened up great opportunities. But unauthorised leaks, hacking and other Cyber Crimes have rendered data bases vulnerable. Hence there arose a need for data protection laws.

The European Union’s General Data Protection Regulation, 2016, considers that data protection is comprehensive and exemptions limited. Some may prefer the American model in which the norms are stringent for government departments processing personal information, while private entities have to abide by the norms of giving notice and receiving consent.

There is an urgent need of a good data protection framework. In India Section 43A of the Information Technology Act provides a measure of legal protection of personal information. In 2012, the Justice A.P. Shah Committee recommended a set of principles for a legal framework for protecting privacy. The Srikrishna Committee has also flagged seven major principles.

But these laws require careful drafting and strictly defined concepts. It is legitimate to collect personal data in the public interest, but this information should be protected and used only for the purposes it was collected. Public consent on the use of data has not been taken into account. The legal framework should limit use of data by any agency and government must assure public that their privacy will not be infringed.

Undeniably Personal Data has to be protected and has to be used for the intended purposes either by governments or Private firms. Proliferating social networking sites which had huge users base will reveal the fact that there is more information in hands of private rather than governments. Without appropriate technology that ensures transparency regarding usage no law can ensure protection and no authority can adjudicate the law.

It is very serious matter to be discussed at length and depth; as there are crooks inside and outside. Heads would spin if one views the dangerous consequences if misused. Personal data in the hands of govt., should not end up becoming a tool to bully the person it belongs (in case of irregular handling and leakage).

Let there be any model. Unless the prevailing law is tightened to fix time-bound accountability on those who committed data theft, leakage and breach of confidentiality of private citizens’ personal information and their financial data, damage that would flow from any slackness, is calculable.

A cursory glance into the thin statics of crime record in the National Crime Records Bureau relating to stealing, tampering and breaking confidentiality of data collected, processed and distributed, naturally raises doubts that unreported data must be far exceeding the reported data. When the government itself thought that right to privacy is not such a dignified thing warranting consideration as a Fundamental Right and vociferously argued so before the Supreme Court, the degree of importance of data protection would receive, is understandable.