Mammoth audit ahead, ensure pvt firms erase data: Experts
WHAT NOW Call for a robust data protection law, ‘country needs fresh Aadhaar ecosystem’
declared privacy a fundamental right. This set the government in motion to take steps to bring a new data protection legislation for the country.
The Justice BN Srikrishna Committee submitted the Personal Data Protection Bill 2018 in July, suggesting amendments to the Aadhaar Act to provide for imposition of penalties on data fiduciaries and compensations to data principals for violations of the data protection law.
The 213-page report suggested amendments to the Aadhaar Act from a data protection perspective.
According to Duggal, “not just cosmetic changes, there is an urgent need for addressing newly emerging legal and cyber security challenges concerning Aad- haar ecosystem on an urgent basis”.
Supratim Chakraborty, Associate Partner at law firm Khaitan Co, said the verdict that private parties cannot have access to individuals’ data was a doubleedged thing.
“From a socialistic perspective and individualistic perspective, you need to have proper safeguards as to how your information is being used by a private party.
“However, from a business perspective, it could increase their expenses if they need to collect too much information one by one from an individual. It compels us to ponder whether there is a correct way to do business while protecting the privacy of users,” Chakraborty told IANS.
In Europe, as part of the European Union’s General Data Protection Regulation (GDPR) that came into force from May 25, EU citizens at any point may object to an organisation’s handling of their personal data.
The regulation specifically names “direct marketing and profiling” as personal data uses to which individuals may object.
According to Duggal, India should not cut-paste any other country’s law and must strive for data localisation.
“There is a need for more comprehensive legal frameworks to protect and preserve data and privacy of individual Aadhaar account holders in specific and the Aadhaar ecosystem stakeholders in general,” Duggal noted.