The government didn’t commit to a timeline on when it would introduce the revised Personal Data Protection Bill in Parliament. “Ministry of Electronics and Information Technology has introduced the Personal Data Protection Bill, 2019 in parliament during the winter session of 2019. The Bill has been referred to a joint committee of the Parliament,” the government said in two separate responses to queries on data privacy on March 17, through Minister of State for Electronics and Information Technology Sanjay Dhotre. The statement was in response to queries by BJP MPs Manoj Kotak and Pragya Singh Thakur.
This comes amid speculation that the current session of parliament may be adjourned as parties gear up to campaign for the state elections starting April. That could mean that the bill could be delayed to the next session of parliament, after being caught up in consultations and committee procedures for years.
Full questions and answers (March 17)
SADHVI PRAGYA SINGH THAKUR:
Will the Minister of Electronics & Information Technology be pleased to state :
(a) whether the Government has formulated any privacy policy for social media;
(b) if so, the details thereof;
(c) whether the Government proposes to formulate any privacy policy for social media platforms like WhatsApp; and
(d) if so, the details thereof?
ANSWER
MINISTER OF STATE FOR ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI SANJAY DHOTRE)
(a) to (d): Social media platforms are body corporate in the context of the Information Technology (IT) Act, 2000. Section 43A of the Act and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 notified under this section provide for safeguards for sensitive personal data or information collected by a body corporate. The Rules mandate that body corporate including social media platforms must provide policy for privacy and disclosure of such information, so that user is well aware of the type of personal data collected, purpose of collection and usage of such information. The rules also specify mode of collection of information, disclosure of information, transfer of information, etc.
Further, Government has already moved the Personal Data Protection Bill, 2019 in Parliament which is presently under the consideration of the Joint Committee of Parliament. The Bill provides for safeguards of privacy and interests of the Indian citizens.
Any privacy policy of a social media intermediary including WhatsApp must conform to the existing provisions of the law.
SHRI MANOJ KOTAK:
Will the Minister of Electronics & Information Technology be pleased to state :
(a) whether some social media companies are taking advantage in view of lack of legislation in the country dealing with data protection and if so, the details thereof;
(b) whether the Government has taken any action against whatsApp for compelling their users in India to accept their updated policy on sharing of data and if so, the details thereof?
ANSWER
MINISTER OF STATE FOR ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI SANJAY DHOTRE)
(a): The Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 notified under Section 43A of the Information Technology Act, 2000 defines sensitive personal information and also mandate that body corporate must provide policy for privacy and disclosure of information, so that user is well aware of the type of personal data collected, purpose of collection and usage of such information. The rules also specify mode of collection of information, disclosure of information, transfer of information, etc. Social media companies are body corporate.
Also, section 72A of the IT Act provides for punishment for disclosure of information in breach of the lawful contract.
Ministry of Electronics and Information Technology has introduced the Personal Data protection Bill, 2019 in parliament during the winter session of 2019. The Bill has been referred to a joint committee of the Parliament.
(b): Ministry of Electronics & Information Technology (MeitY) took cognizance of the WhatsApp announcement of its new Privacy Policy stated to be applicable to Indian users. To safeguard the interest of Indian users, Ministry of Electronics and Information Technology (MeitY) has asked WhatsApp to review the proposed privacy policy changes and also to explain the rationale of the same.
Also read
- Govt Says It Hasn’t Studied Impact Of Social Media Regulation On Freedom Of Speech
- Is Indian Govt Looking Into Relationship Between Tech Companies And News Publishers? MPs Ask IT Ministry
- Parliament: Election Commission Claims Tight ‘Airgap’ Between Electoral Rolls And Aadhaar Database
