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Rights Of Data Principle Under Personal Data Protection Bill (PDPB), 2019

Introduction


We generally have a habit to work on certainty, for any dealings which we mostly feel satisfied through a face-to-face talk. In this advanced world, computers are the middlemen of any of our deals. Computers are the most advanced system where we store our data consisting of all our information. According to the rise of the information society and the state of India, trust is the most crucial element in the system which stores our data.

On 28th of July 2018, Justice Sri Krishna Committee submitted the draft of Personal Data Protection Bill, and it was introduced in the parliament on 11th of December 2018. The draft was then addressed as the Personal Data Protection Bill 2019 (PDPB,2019), which was later referred to the Joint Select Committee. Later, a report regarding the same was submitted in parliament during the budget session this year.


Why PDPB,2019?


PDPB refers to such “personal data” which is identified as a person. In this Bill, Data should be processed in “Fair and Reasonable” manner. This Bill is not only for Indian companies but also for an overseas corporation who deals with any personal data with Indian entities. So-called, Advanced bill, it also protects “sensitive personal data” which requires a higher level of security and supervision such as Financial data, biometric data, political beliefs, religion etc. It gives certain rights to individuals like Data fiduciaries and data processors are under certain obligations to keep up the definite standards for data protection.


Rights and Advantages given under PDPB, 2019 to data principle.


Personal Data Protection Bill Act, 2019 gives various rights to Data principle relating to the data processing


1. Right to Confirmation and Access (Section 17)

  • The data principal shall have full rights to know about the data processing from the data fiduciary.

  • The data principal has rights to ask for confirmation on whether the data principle is being processed or that data has been processed by the data fiduciary, or any other summary.

  • Data fiduciaries should provide the information under subsection (I) to the data principal clearly and concisely that is easily readable to any reasonable person.

2. Right to correction and erasure (Section 18)


Data Principle has full rights on his data with the data fiduciaries. The following corrections are to be made to his data -

  1. Data fiduciaries have to correct misleading data,

  2. They have to complete any incomplete personal data,

  3. Any updating of personal data that is expired,

  4. To practice the process of erasure of personal data which is no longer in service.

If any request of data principle for any information is made and data fiduciaries reject such a demand for personal data, then the data principal has the right to receive reasonable justification in writing for such application rejection.

3. Right to Portability (Section 19)

  • This right gives the data principle a right to carry out such portability through machine-automated modes, in any use of personal data in a structured, commonly used and machine-readable format. Also, any profile created by a machine should be known to the data principle.

  • Data principle have a right to transfer the processing data to any other data fiduciary in a specified format. Such right to transfer may not be available if such data transfer is not technically feasible.

4. Right to Restraint (Section 20 )


The data principal has the right to restrain the continuing disclosure of this personal data by the data fiduciary if:

  • Such Data is no longer necessary for the purpose or such purpose has been served,

  • Such data is contrary to the provisions of this Act or any other law for the time being in force,

  • Data Principle can give his consent under section 11 and such consent has been withdrawn

If a Data fiduciary precludes the ‘right to Restraint’ of any personal data, which overrides the right to freedom of speech and expression, and the right to information of any data principle, he has right to go to the Adjudicating Officer and such Adjudicating Officer shall pass an order as per Section 20(3).


ABOUT THE AUTHOR

Shubham Sankhala is third year LLB student.

They can be contacted at shubhamsankhala98@gmail.com or https://www.linkedin.com/in/shubham-sankhala-07563215b/

Edited By: Swathi. Ashok. Nair.

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