Final Draft Of Data Protection Bill Likely To Skip Aspects of Non-Personal Data: JPC Member

Final Draft Of Data Protection Bill Likely To Skip Aspects of Non-Personal Data: JPC Member

SUMMARY

BSP MP Ritesh Pandey, a member of the JPC looking into the Bill, underscored the need for enacting a standalone personal data protection law before dealing with non-personal data

Mandatory reporting of NPD by private firms could lead to risks of intellectual property rights infringement and disclosure of trade secrets: CUTS International

Restrictive policies might not work in the space of supporting innovation. There should be a balance between innovation and guaranteeing safety and security: Software Alliance

The final draft of the Personal Data Protection Bill (PDPB), 2019 will likely exclude regulations related to non-personal data (NPD), a member of the Joint Parliamentary Committee (JPC) looking into the Bill said.

Addressing a virtual event, BSP Member of Parliament (MP) Ritesh Pandey said that the final draft of the PDPB, 2019 would skip all aspects of regulations related to NPD. He further underscored the need for enacting a standalone personal data protection law before dealing with NPD.

Parminder Jeet Singh, a member of the committee of experts on NPD, called for more ‘conceptual clarity’ on the definition and scope of non-personal data before bringing in legislation on the matter.

Vidushi Sinha, senior research associate at Consumer Unity & Trust Society (CUTS), which had organised the event, pointed out a slew of issues regarding NPD regulations. She said that the move could lead to possible over-burdening of the proposed Data Protection Authority (DPA) in the initial days if it is directed to regulate both forms of data. 

She also said that mandatory reporting of NPD by private firms could lead to risks of intellectual property rights infringement and disclosure of trade secrets.

National Association of Software and Services Companies (NASSCOM) vice-president Ashish Aggarwal also urged the government to pursue voluntary enablement of data sharing for the private sector. 

Software Alliance’s country manager Venkatesh Krishnamoorthy also warned against mandatory requirement for sharing of NPD, saying that data processors have contractual obligations with data fiduciaries, and at times lack data ownership.

“Restrictive policies might not work in the space of supporting innovation. There should be a balance between innovation and guaranteeing safety and security,” noted Krishnamoorthy. 

Sinha specifically called for excluding non-personal data from the ambit of PDPB, 2019, adding that there was a need for two separate frameworks for personal and non-personal data. She also urged the Centre to narrow the scope and definition of NPD and for curbing unfettered government access to NPD. 

What’s The Issue? 

Even though Pandey said that the JPC would forgo regulating non-personal data, the last JPC recommendations had called for expanding the scope of the Bill to include personal data as well as non-personal data.

The JPC had tabled its recommendations in December last year and had sought renaming of the Bill to Data Protection Bill, 2021. Under the new Bill, NPD was defined as any data that is not personal in nature, adding that it was also the combination of all such information that could profile an individual.

The contentious parts of the Bill include provisions that seek to regulate NPD within the scope of a personal data protection framework. Critics are also up in arms against the Bill that gives the union government broad powers to access NPD for formulating policies and also empowers the DPA to investigate breaches of NPD.

The Bill is also being criticised for its sweeping data localisation mandates, which could prove a hurdle for smaller startups that have limited resources and work with international data transfers. 

As per reports, the government is polishing the final draft of the Bill, which could be tabled in the Parliament during the monsoon session.

Note: We at Inc42 take our ethics very seriously. More information about it can be found here.

You have reached your limit of free stories
Become An Inc42 Plus Member

Become a Startup Insider in 2024 with Inc42 Plus. Join our exclusive community of 10,000+ founders, investors & operators and stay ahead in India’s startup & business economy.

2 YEAR PLAN
₹19999
₹7999
₹333/Month
Unlock 60% OFF
Cancel Anytime
1 YEAR PLAN
₹9999
₹4999
₹416/Month
Unlock 50% OFF
Cancel Anytime
Already A Member?
Discover Startups & Business Models

Unleash your potential by exploring unlimited articles, trackers, and playbooks. Identify the hottest startup deals, supercharge your innovation projects, and stay updated with expert curation.

Final Draft Of Data Protection Bill Likely To Skip Aspects of Non-Personal Data: JPC Member-Inc42 Media
How-To’s on Starting & Scaling Up

Empower yourself with comprehensive playbooks, expert analysis, and invaluable insights. Learn to validate ideas, acquire customers, secure funding, and navigate the journey to startup success.

Final Draft Of Data Protection Bill Likely To Skip Aspects of Non-Personal Data: JPC Member-Inc42 Media
Identify Trends & New Markets

Access 75+ in-depth reports on frontier industries. Gain exclusive market intelligence, understand market landscapes, and decode emerging trends to make informed decisions.

Final Draft Of Data Protection Bill Likely To Skip Aspects of Non-Personal Data: JPC Member-Inc42 Media
Track & Decode the Investment Landscape

Stay ahead with startup and funding trackers. Analyse investment strategies, profile successful investors, and keep track of upcoming funds, accelerators, and more.

Final Draft Of Data Protection Bill Likely To Skip Aspects of Non-Personal Data: JPC Member-Inc42 Media
Final Draft Of Data Protection Bill Likely To Skip Aspects of Non-Personal Data: JPC Member-Inc42 Media
You’re in Good company