The Unique Identification Authority of India (UIDAI) has sought exemption from the Personal Data Protection -PDP Act (Data Protection Bill, 2019).
Exemption from Personal Data Protection (PDP) Act
Privacy Act
It is commonly referred to as the "Privacy Bill" and promises to protect individual rights by controlling the collection, management and processing of data by which an individual can be identified.
This is inspired by a draft prepared in the past by a committee headed by retired Judge BN Srikrishna.
The Supreme Court in its Puttaswamy judgment (2017) stated that the right to privacy is a fundamental right.
Provision
The bill authorizes the government to authorize the transfer of certain types of personal data from abroad and allows government agencies to collect personal data of citizens.
The bill divides data into three categories and mandates their collection on a one-to-one basis.
Personal data:
From which data a person can be identified such as name, address etc.
Sensitive personal data:
Some types of personal data include financial, health, sexual orientation, biometrics, genetics, transgender status, gender, religious beliefs and other categories.
Important personal data:
Anything that the government may consider important at any time, such as military or national security data.
The bill makes it mandatory for the government to provide any non-personal data when requested by data trustees.
A data fiduciary can act as a service provider who collects, stores and uses data while providing such goods and services.
Non-personal data refers to anonymous data, such as traffic patterns or demographic data.
The Data Protection Authority is envisaged to ensure compliance with the law.
It also mentions the 'right to forget'. It states that the ‘data principal’ (the person to whom the data relates) shall have the right to limit or prevent the continuous disclosure of their personal data by the ‘Data Fiduciary’.
Content Issues
If the Personal Data Protection (PDP) Act is implemented in its current form, it could create two different ecosystems.
A government agency that is completely outside the scope of the law will be given complete freedom to deal with personal data.
The second would be a private ‘fiduciary’ who would have to deal with every provision of the law.
Article 35:
It calls for India's sovereignty and integrity, public order, friendly relations with foreign states and state security, to give the central government the power to suspend all or any provision of law for government agencies.
Article 12:
This frees UIDAI from the rigors of billing as it enables the ‘data principal’ to process data for the provision of services or benefits. However, prior notice must be given even after that.
The UIDAI Authority is already governed by the Aadhaar Act and the laws cannot be repeated.
Back to basics: Unique identification Authority of India (UIDAI)
Is a statutory authority established by the Government of India on July 12, 2016 under the jurisdiction of the Ministry of Electronics and Information Technology following the provisions of the Aadhaar Act, 2016.
UIDAI is required to provide 12-digit unique identification (UID) number (Aadhaar) to all residents of India.
UIDAI was established by the Government of India in January 2009 as an attached office under the auspices of the Planning Commission.
Most IMP Questions:
Q. 1) Consider the following statements about exemption from UIDAI data bill.
1. This bill was passed to protect the personal data of individuals.
2. This Ordinance is also known as Aadhaar (Financial and Other Subsidies, Targeted Delivery of Benefits and Services) Ordinance, 2016.
3. UIDAI is a statutory authority established by the Ministry of Electronics and Information Technology under the Aadhaar Act, 2016.
Which of the above statements is correct?
(A) 1,2 (B) 2,3
(C) 1,3 (D) 1,2, and 3
Q. 2) Consider the following statements about Personal Data Protection (PDP).
1. The Unique Identification Authority of India (UIDAI) has sought exemption from the Personal Data Protection -PDP Act (Data Protection Bill, 2019).
2. It is commonly referred to as the "Privacy Bill" and promises to protect individual rights by controlling the collection, management and processing of data by which an individual can be identified.
3. This is inspired by a draft prepared in the past by a committee headed by retired Judge BN Srikrishna.
4. The Supreme Court in its Puttaswa Mi judgment (2017) stated that the right to privacy is a fundamental right.
Which of the above statements is correct?
(A) 1,2,3 (B) 2,3,4
(C) 1,2,4 (D) 1,2,3 and 4
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