Why Editors Guild is opposing Data Protection Bill's certain provisions
What's the story
The Editors Guild of India (EGI) has raised serious concerns regarding certain provisions of the Digital Personal Data Protection (DPDP) Bill, which was tabled in the Lok Sabha on Thursday.
It has requested Lok Sabha Speaker Om Birla to send the bill to a parliamentary standing committee for review.
But why is the EGI opposing specific provisions of the bill? Let's find out.
Context
Why does this story matter?
The bill approved by the Union Cabinet on July 5 aims to prevent unchecked processing of personal data of citizens.
In August 2022, the Centre withdrew the draft Personal Data Protection Bill, 2019, after a parliamentary committee suggested 81 amendments to it.
The bill proposes an amendment to the Right to Information (RTI) Act—which many see as an attempt to dilute the RTI Act.
Statement
DPDP Bill can have 'adverse impact on press freedom': EGI
In a statement issued on Sunday, the EGI said some provisions of the DPDP Bill can have an "adverse impact on press freedom."
It urged the Lok Sabha speaker to refer the bill to a parliamentary standing committee for review, saying that it creates an enabling framework for the surveillance of citizens, including journalists and their sources.
Details
EGI writes to PM Modi to express its concerns: Report
The Guild has also written to PM Narendra Modi, Rajya Sabha Chairman Jagdeep Dhankhar, IT Minister Ashwini Vaishnaw, and political party leaders in Parliament to express its concerns over the bill, per PTI.
Notably, the new legislation intends to safeguard citizens' privacy by proposing a huge penalty of up to Rs. 250 crore for organizations that misuse or fail to secure individuals' digital data.
Claims
Bill allows government to seek information of journalists, their sources
According to EGI, Section 36 of the DPDP Bill allows the government to ask for personal information from any public or private institution (data fiduciary), including journalists and their sources.
The Guild also expressed worry over clause 17(2)(a), which permits the Centre to exclude the government from the bill's requirements, putting them out of the scope of data protection limitations.
Provisions
Have no exemption for journalists from certain obligations
The press body said it was deeply concerned about the lack of exemptions for journalists from certain obligations of the law where reporting on certain entities in the public interest may conflict with their right to personal data protection.
Furthermore, it said Section 17(4) allows the government and its instrumentalities to retain personal data for an unlimited period of time.
Claims
Legislation lacks balance between data protection and public interest: Guild
Referring to the Justice Srikrishna Committee—which provided a framework for balance between personal data protection and public interest—the Guild said the committee's recommendations had not been included.
"This will lead to a chilling effect on journalistic activity," it said, adding that certain provisions of the bill also shift the balance in favor of non-disclosure of public information, thereby reducing accountability.
About
A little about proposed legislation
The draft bill was released last November, when the proposed legislation was renamed "Digital Data Personal Protection Bill, 2022."
Its objective is to facilitate the processing of digital personal data while recognizing the rights of citizens to protect and process their personal data.
It has a provision for a penalty of Rs. 250 crore on the data processor for failing to prevent breaches.