Data Protection Bill, 2023 Goes Hard On Data Breach, Proposes Severe Penalties

NEW DELHI: With provisions of a penalty upto Rs 250 crore for every data breach, the amended Digital Personal Data Protection Bill was introduced in parliament on Thursday. In order to stop the misuse and exploitation of data, the Bill was tabled in the Lok Sabha on Thursday by Ashwini Vaishnaw, minister for electronics and Information Technology.

The bill gives certain exemptions to the government for the purposes of investigation or for the purpose of ascertaining the financial information and assets and liabilities of any person who has defaulted in payment due on account of a loan or advance taken from a financial institution. The Bill has come six years after Supreme Court declared the Right to Privacy a Fundamental Right.

The Bill allows for data processing without user consent under certain circumstances, such as medical emergencies, disasters, court orders, and government agency requirements. Under the schedule, a maximum of Rs 250 crore and a minimum of Rs 50 crore can be imposed on entities violating the norms.

Provisions under the Bill enable the Centre to block access to content in the interest of the general public on getting reference in writing from the board. The law also fixes the strict accountability of the government or private companies.