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Digital Personal Data Protection Bill, 2023 passed in Lok Sabha

The Digital Personal Data Protection Bill was passed despite serious concerns raised by Opposition parties over its impact on right to privacy, information and freedom of expression.

Written by : Jahnavi
Edited by : Anna Isaac

The controversial Digital Personal Data Protection Bill, 2023 was passed in the Lok Sabha on Monday, August 7. The Bill was vehemently opposed by the Opposition, while many parties such as the YSR Congress Party (YSRCP), Telugu Desam Party (TDP), Shiv Sena, and Biju Janata Dal (BJD) lent their support with some caveats and recommendations. While YSRCP MP Sri Krishna Devarayalu Lavu spoke about the sweeping powers the Bill accords to governments to access personal data, Shrikant Eknath Shinde of Shiv Sena questioned the absence of strong safeguards of the right to data portability or right to be forgotten. BJD MP Sarmistha Sethi spoke about the Bill’s adverse impact on freedom of the press, including the dilution of the Right to Information (RTI) Act. 

Ritesh Pandey of the Bahujan Samaj Party (BSP) spoke about the censorship powers accorded to the government by the Bill, the questionable independence of the Data Protection Board of India which is to be constituted entirely by the Union government, and the repetitive use of the phrase “as may be prescribed” which led him to express fear that important laws and rules could be framed by the executive behind closed doors without public scrutiny. TDP MP Jayadev Galla TDP too questioned the autonomy of the Data Protection Board and the amendment to the RTI Act, while Syed Imtiaz Jaleel of AIMIM Aurangabad questioned the government’s powers to exempt certain government and private entities from the Bill, and possible violations of privacy resulting from this. 

On August 3, the Opposition strongly opposed the introduction of the controversial Digital Personal Data Protection Bill, 2023 in Lok Sabha, asking it to be sent for review under a Parliamentary panel. The moment Minister for IT and Electronics Ashwini Vaishnaw sought permission to introduce the bill in Lok Sabha, the Congress-led Opposition opposed its introduction. 

All India Majlis-e-Ittehadul Muslimeen (AIMIM) MP Asaduddin Owaisi, while opposing the Bill, had sought a division on it. Leader of the Congress in the Lower House, Adhir Ranjan Chowdhury had said that the government wants to trample upon the people's right to information through the bill. Congress member Gaurav Gogoi had said that the legislation impinges on the right to privacy, while another Congress MP Manish Tewari said it was not a final Bill and needs to be sent to a Parliamentary panel for review. His party colleague and MP Shashi Tharoor also said that the Bill be sent to a Parliamentary panel. 

Revolutionary Socialist Party (RSP) MP NK Premachandran also opposed the introduction of the legislation, raising concerns about potential dilutions of the Right to Information Act, 2005, and the autonomy of states. 

Despite the Opposition's protests, the Bill was introduced in Lok Sabha through a voice vote. 

Vaishnaw, while introducing the Bill, had allayed the Opposition's fears that it was a money bill, designed to bypass the Rajya Sabha's scrutiny. He insisted that it was a general bill and claimed that the issues raised by opposition MPs were unrelated to the government's legislative competence. He had assured the house that the government was ready to engage in a detailed discussion on the Bill, including addressing allegations made by opposition MPs. 

As many as 14 bills have been passed in Lok Sabha since the commencement of the monsoon session on July 20. Except for the Delhi services bill, which was passed after exhaustive discussion, all the remaining 13 bills have been passed in Lok Sabha amid the Opposition's protests over the Manipur issue, without much discussion. 

The monsoon session of the Parliament has witnessed the Opposition's vehement protests over the Manipur situation in both houses of Parliament while seeking Prime Minister Narendra Modi's presence in Parliament and his response on the matter. 

With IANS inputs 

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