Inclusion of vague qualitative parameters such as risk to electoral democracy and public order are likely to make the process imprecise due to the lack of an objective criteria or any tangible metrics for such designation
Union Minister for Electronics & Information Technology Ashwini Vaishnaw (Express File Photo)
On August 9, 2023, the Rajya Sabha “unanimously” passed the Digital Personal Data Protection Bill (DPDP), 2023 and drew the curtains on a journey that began roughly a decade ago. In the process, it has predictably provoked mixed reactions. One of the overarching goals of the legislation, by the government’s own admission, is to strike a balance between protecting personal data and enabling the processing of such data for lawful purposes, so as to enable innovation and promote economic growth. In doing so, the government has largely exempted itself from the purview of the law, in letter and spirit.
The Act declares that for the “security of the state, maintenance of public order or preventing incitement to any cognisable offence relating to any of these, and the processing by the central government of any personal data that such instrumentality may furnish to it”, the state falls outside its scope.
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