Srikrishna panel suggests amendments in Aadhaar Act for data protection

"In our view, ensuring the protection of personal data and facilitating the growth of the digital economy are not in conflict and...serve a common constitutional objective," said the report.

A 10-member committee on data protection, headed by Justice (retired) B N Srikrishna, has suggested changes in various laws including the Aadhaar Act to ensure protection of citzens' data.
 
Justice Srikrishna is a retired judge of the Supreme Court of India.
 
The panel, which was set up last year, submitted the 213-page report to Union Minister of IT and Communications Ravishankar Prasad, who said that the government will go through the draft bill and take stakeholder comments before taking Cabinet approval for finalising the legislation.
 
As per Justice Srikrishna, there are three angles to the data privacy — the citizen's rights have to be protected, the responsibilities of the states have to be defined but the data protection can't be at the cost of trade and industry.
 
"In our view, ensuring the protection of personal data and facilitating the growth of the digital economy are not in conflict and...serve a common constitutional objective," said the report.
 
The report has proposed penalties for violations, criminal proceedings, setting up of a data authority, provision of withdrawal of consent and concept of consent fatigue.
 
The committee’s report recommends that the law should be applicable to processing of personal data if such data has been used, shared, disclosed, collected or otherwise processed in India. 
 
However, it asserts that in respect of processing by fiduciaries that are not present in India, the law shall apply to those carrying on business in India or other activities such as profiling which could cause privacy harms to data principals in India.
 
The panel has recommended for the establishment of Data Protection Authority (DPA), with guidance explaining the standards in the definition as applicable to different categories of personal data in various contexts.
 
The report assumes significance in the context of controversies over alleged leakage of biometric details of Aadhaar card holders and the ongoing Supreme Court hearing in the case related to data protection.

Add new comment