In Part 9 of the #DataProtectionTop10, we analyse some miscellaneous provisions in the Personal Data Protection Bill, 2019 that require revision. Firstly, the Bill does not expressly acknowledge a natural person as the owner of their data. Secondly, the Bill does not have any provisions that give the data fiduciaries time to make a smooth transition into the new regime. Thirdly, the Bill has been given an overriding effect over other laws including the Right to Information Act, 2005. This provision may ultimately lead to undermining the RTI Act by stifling transparency. We, therefore, recommend that the Bill must acknowledge a natural person as the owner of her data, provide sound provisions for facilitating the transition to the new regime and give the RTI Act precedence over the Bill in case of inconsistency.
This is a companion discussion topic for the original entry at https://internetfreedom.in/dataprotectiontop10-some-holes-that-need-to-be-plugged/