Govt Working on New Data Protection And Telecom Bills, Says IT Minister; Here’s What That Means

The central government is currently working on two major legislation on telecom and cyber, electronics and information technology minister Ashwini Vaishnaw has said.

About the telecom bill, the union minister said that the draft legislation would be available for public comments in the next few days.

During the launch of the second batch of CyTrain Setu, the IT minister said on September 5: “The government is working on a new telecom bill, a draft of which will be available in the next five to six days. I request everyone to evaluate the bill and come up with suggestions, each of which will be carefully considered.”

The CyTrain Setu initiative is part of the Prime Minister’s Mission Karmayogi, in which Narendra Modi has challenged all departments to develop innovative programmes.

It provides an online PG Diploma in Cyber Law, Crime Investigation, and Digital Forensics, according to Vaishnaw, and 56 district judges, IAS officers, IPS officers, inspectors, public prosecutors, tax department officers, and CBI officers have joined the batch for training.

The Department of Telecommunications (DoT) is currently drafting new legislation that is meant to keep up with the rapid advancement of contemporary technology. Additionally, it is considering unique rules for war, international affairs, and national security.

The department stated in a consultation paper published last month that a new law must include the proper mechanisms to address instances of public emergency and safety as well as for taking actions in the interests of national security.

It clearly stated that for the central government to set appropriate standards for telecommunications services, networks, and infrastructure, such a law must have a framework that allows for this and also aims to ensure public safety.

“This is all the more crucial given the widespread use of telecommunications, whether for education, or entertainment, or telemedicine, or facilitating e-mandis,” the paper added.

Separately at the event, the minister then stated that the government will soon come up with a new version of the Data Protection Bill, which the authorities withdrew earlier this year and had been in the works for the past few years.
Vaishnaw said: “We will also be coming up with a new version of the data protection bill; a digital India Act is also being worked on. We are making the online world more accountable for what is published there.”

Since the announcement of the data protection bill, industry insiders and cyber experts have been explaining what could be done to ensure the safety of people, as well as the nation.

Citing the IT minister’s recent comments on the data protection bill, Amit Jaju, Senior Managing Director, Ankura Consulting Group (India), told News18: “Making people accountable for what is posted online is something the government can pursue but the biggest gap is protection for individuals around personal data.”

According to him: “India should stay away from mixing up multiple causes into one encompassing bill. This makes it bringing everyone on board challenging. Our focus should be to first enact a personal data protection law and in parallel look at laws involving issues in the digital space.”

In an exclusive interview, Dr Pavan Duggal, Supreme Court lawyer and Chairman of the International Commission on Cyber Security Law recently told News18: “The chances are that non-compliance with the parameters of the new data protection law would potentially expose the relevant individuals and businesses to civil and criminal liability consequences. Hence, stakeholders will have to start adopting proactive approaches and compliances vis-à-vis data protection as the new law comes into force.”

Dr Duggal also stated that data protection law is required for the making of a safe and secure country in today’s data economy age because data protection is the foundational pillar on which the further growth of the data economy will be based.

The Personal Data Protection (PDP) Bill, 2019, has been withdrawn by the government in order to be replaced by a new bill with a “comprehensive framework” and “contemporary digital privacy laws”.

This bill, which aims to regulate how companies and the government utilise an individual’s data, was introduced on December 11, 2019. It was sent to the Joint Committee of the Houses for review, and the committee’s report was delivered to the Lok Sabha on December 16, 2021.

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