Business Standard

Amending the law

- SUDIPTO DEY

The draft law on personal data protection impacts a variety of laws that have a bearing on both public and private sectors. The B N Srikrishna Committee has identified a list of 50 allied laws that may overlap with the proposed data protection framework. However, specific provisions requiring amendments have not been identified.

Aligning the existing laws with the new regime may turn out to be a humungous exercise, say experts.

Experts note that there are two ways in which amendments may be brought about. First, amendments in allied laws could be brought about by passing separate amendments to specific legislatio­ns. The other, more efficient way, could be to bring in an omnibus legislatio­n to amend the identified enactments in a single sweep. However, this will require a high degree of ministeria­l coordinati­on to ensure consensus on the content of the amendments, points out a senior research fellow from Vidhi Centre for Legal Policy, a think-tank. This necessitat­es the need for sectoral and public consultati­ons to identify the specific provisions in allied laws that require amendments.

The way forward, feel experts, is to scrutinise every law which enables collection of personal data to ascertain whether the amount of data sought is proportion­ate to purpose that the law seeks to achieve.

“You will have to look at each of these laws clause by clause, section by section and offer amendments and then draft it,” says cyber law expert Pavan Duggal.

While prima facie, not all laws may necessaril­y need amendment, but where there are contradict­ions, the same may have to be resolved, says Gowree Gokhale, partner, Nishith Desai Associates.

Rahul Matthan, partner, Trilegal, points out that the Personal Data Protection Bill is an over-arching law that will apply to all laws that currently impinge on privacy. Most laws will have to be amended in line with provisions of this Bill, he said.

According to the Srikrishna report, some of the Acts that need amendments include the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act 2016, the Right to Informatio­n Act 2005, and the Informatio­n Technology Act 2000. Changes in certain provisions are needed in some key Acts such as the Right to Fair Compensati­on and Transparen­cy in Land Acquisitio­n Act 2013, the Persons with Disabiliti­es (Equal Opportunit­ies, Protection of Rights and Full Participat­ion) Act, 1995, and the Employees’ Provident Fund and Miscellane­ous Provisions Act, 1952.

 ?? ILLUSTRATI­ON: BINAY SINHA ??
ILLUSTRATI­ON: BINAY SINHA

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