In this podcast, Prateek Waghre, Policy Director, Internet Freedom Foundation, India and businessline’s V Nivedita discussed about the recent Digital Personal Data Protection Bill in India and its potential implications on data protection, privacy, and the interactions between individuals, organisations, and the government. The conversation detailed on various aspects of the bill, including data protection, consent, obligations on data fiduciaries, penalties for transgressions, exemptions for state entities, and the concept of legitimate uses.

Throughout the conversation, Waghre expressed both positive and negative views about the bill. Some of the positive aspects of the bill mentioned include the introduction of consent requirements for data sharing, obligations on data fiduciaries, penalties for non-compliance, and the right to be notified in case of data breaches. However, concerns are raised about the broad exemptions granted to state entities, the lack of specificity in the bill, and the potential impact on individual rights and privacy.

Waghre pointed out that the bill seems to prioritise data processing over privacy protection, which contradicts the original intent of safeguarding individuals’ rights. There is also discussion about the challenges of balance in terms of granting exemptions, legitimate uses, and the potential consequences of these provisions. Additionally, Waghre highlighted the absence of safeguards, the role of the Data Protection Board, and the potential impact on citizens and businesses.

The conversation emphasises that the bill’s effectiveness and impact will largely depend on the specific rules that will be defined in the future. The speaker expresses concerns about how certain provisions could be used to favor state entities or large organizations, potentially leading to a lack of privacy protection for individuals. The lack of clarity, specificity, and safeguards in the bill are key concerns that Waghre believes need to be addressed for effective data protection and privacy preservation.