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Government not considered recommendations from JPC for DDP bill

“The Digital Data Protection Bill, 2023 has been introduced as a financial bill. The government has been given a lot of powers under the bill and there is no sufficient legislative guidance provided regarding these. Section 43 A of the IT Act which provided a remedy to aggrieved persons to get compensation has been deleted. However, the bill does not provide for compensation to be granted for data principals whose privacy has been violated and has suffered a loss. Deemed consent that had raised red flags earlier has been reworded but principally remains the same. Data Principals have been saddled with duties and penalties prescribed for acting in violation of these. Cross border data flow has been changed from whitelisting to blacklisting regime which is a welcome change.

However, such data transfer restrictions are permitted in the case of specific laws in existence. A problematic provision is a clause added in the bill for blocking a computer resource which could be used for blocking websites and applications. Although the consultation process took a long time, the Government does not seem to have considered the inputs received from stakeholders and recommendations from the Joint Parliamentary Committee,” says Prasanth Sugathan, Legal Director,

CT Bureau

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