A committee of law makers has been working to prepare the final draft of India’s data privacy law for close to a year. After all the work put in, we may not have wait for long to see the law in the form of a fill in both the houses of the parliament. According to a report by The Economic Times, Justice BN Srikrishna committee, the three-member team responsible for preparing the final draft of the law “is likely to submit” it to the government on July 27, 2018.
The report goes on to state that the committee was successful in finding a “middle ground” for most of the issues present in the law “after a long wait”. Talking about the “middle ground”, one of the members from the committee issued a statement adding, “ In a committee, there cannot be a full agreement, there is always middle ground which is taken. There are certain issues of which people will look at all aspects, there are concerns of security, concerns of business, issues of individual privacy etc.” The report goes on to add that there was no difference in option with the final draft as compared to the previous iteration.
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Some of the members were not on the same page in the previous version on issues regarding the definition of personal, personal sensitive data, and issues related to data localization. The report added that the committee met July 25 to finalize the draft and discuss it over a video conference. According to the report, another member added, “We are trying to make sure that the report is submitted on Friday itself.” To recap, the government established the committee under retired Supreme Court judge Srikrishna in August last year.
The report highlighted that this new law will require amendments in about 70 existing legislation including the ones related to Aadhaar, Right to Information, and health. The reason for amendments is because all these legislation will be moved under the new data protection law. The report pointed out that parliament will have to take a call on how this new law will impact the existing legislation as the committee was only meant to focus on the data protection framework and take a look at other best practices about the same from other countries including the data specific to India.
The first committee member stated that they looked at the privacy and security aspect of the law to find a “reasonable solution” while keeping into consideration the surveillance, telegraph act, and mechanism and rules regarding telephone tapping.