Hindi English Translation || Editorial || A fresh opportunity: On the rollback of the Personal Data Protection Bill

A fresh opportunity: On the rollback of the Personal Data Protection Bill

The Personal Data Protection Bill’s (व्यक्तिगत डेटा संरक्षण विधेयक) withdrawal is a chance to address lacunae (a gap/empty space; missing part of something), but a data protection law (डेटा सुरक्षा कानून) brooks (बर्दाश्त करना, सहन करना) no delay

The stated (कहा गया है, पहचाना गया, स्पष्ट रूप से व्यक्त किया गया) reason for the Government’s withdrawal of the Personal Data Protection Bill (A Bill is a draft statute that becomes law after it is passed by both the Houses of Parliament and assented to by the President. All legislative proposals are brought before Parliament in the forms of Bills (or) draft statute/law, proposed legislation, proposal (presented to parliament/congress/council for discussion)), 2019, was that it will come up with (साथ आएं, प्रस्तुत करना) a “comprehensive legal framework (रूपरेखा, संरचना, योजना, प्रणाली)” on data privacy and Internet regulation (विनियमन, निरीक्षण, निगरानी). The Government has averred (proclaim, announce, state, communicate, assert, mention, pronounce, express) that a new draft will be in sync (in agreement; work well together) with the principles of privacy, in line with Supreme Court guidelines based on the landmark (milestone, watershed, historic event, major achievement) judgment on privacy, i.e., Justice K.S. Puttaswamy vs Union of India, and would consider the Joint Committee of Parliament’s recommendations on the framework to regulate (विनियमित, पर्यवेक्षण, निरीक्षण) the digital ecosystem (पारिस्थितिकी तंत्र, जटिल स्थिति). The 2019 Bill had been rightly criticised by stakeholders (हितधारक), including Justice B.N. Srikrishna — he chaired (lead, direct, preside over, manage, control, be in charge of) a committee of experts that had authored (लेखक, लिखें) a draft bill (the bills which are issued for consultation before being formally introduced to Parliament) in 2018 — for overemphasising (अधिक जोर देना, अतिरंजना, अतिशयोक्ति) the national security angle (कोण, दृष्टिकोण), among other reasons. The 2019 Bill diverged (हट जाना, झुकना) from the Srikrishna Committee (The Government of India constituted a Committee under the Chairmanship of former Supreme Court Justice Shri B N Srikrishna to study various issues relating to data protection in India and make specific suggestions on principles to be considered for data protection in India and suggest a draft Data Protection Bill) Draft in the selection of the chairperson and members of the Data Protection Authority (DPA) that shall protect the interests (common concerns (in politics/business)) of data principals, and in the leeway (freedom, scope/flexibility, latitude/elbow room) given to the Union government to exempt (exclude) its agencies from the application (implementation, utilization, execution, carrying out, putting into operation) of the Act (law, decree, statute). The 2018 draft Bill allowed for judicial oversight (supervision, surveillance, superintendence, inspection) in the selection process for the DPA, while the 2019 Bill limited the composition (formation, structure, organization) to the executive (the executive is a branch of government which enforces the law as written by the legislature and interpreted by the judiciary). The 2018 Bill allowed for exemptions (exclusion, exception) to be granted to state institutions from acquiring informed (knowledgeable) consent from data principals or to process data in the case of matters relating only to the “security of the state (the government, the administration, the regime, the authorities, the Establishment)”; it also called for (require, publicly ask/necessitate, demand) a law to provide for “parliamentary oversight and judicial approval of non-consensual (without a mutual consent) access to personal data”. In contrast, the 2019 Bill added “public order (it means the situation that exists when people obey the laws, rules or authority of the State)” as a reason to exempt a government agency from the Act, besides (in addition, furthermore, moreover, further) only providing for these reasons to be recorded in writing.

By choosing to withdraw the Bill, it is unclear (uncertain, undecided; confused) whether the Government would address the demand for a realignment (reorganisation, reordering, reshuffle) of the legislation with the 2018 draft Bill that came about (happen, occur, arise, transpire) after extensive consultations with civil society (civil society refers to space for collective action around shared interests, purposes, and values, generally distinct from government and commercial for-profit actors. It refers to a wide array of organizations: community groups, non-governmental organizations [NGOs], labour unions, indigenous groups, charitable organizations, faith-based organizations, professional associations, and foundations. Civil society - sometimes called the “third sector” (after government and commerce) - has the power to influence the actions of elected policy-makers and businesses). Or whether this would be more in line with the JPC report, which has also been criticised by civil society for retaining provisions (term, clause, requirement/condition) that allow the Government access to private data of citizens without sufficient safeguards (protection, security, defence). Dissent (disagreeing, differing, objecting, disputing, disapproving) notes to the JPC report, by Congress MP Jairam Ramesh for example, went on to criticise the leeway granted to the Government on exemptions and how the ground (reason, cause, basis, factor) of “public order” and not “security of the state” was liable (responsible, accountable, answerable, chargeable) for misuse. It is not clear if the Bill’s withdrawal is linked to opposition to mandatory (obligatory, required, necessary, compulsory) “data localisation (the act of storing data on any device that is physically present within the borders of a specific country where the data was generated)” from multinational Internet companies. Meanwhile, the lack of a proper data protection law in the country is an anomaly (something different, abnormal, unusual; oddity, peculiarity, deviation, aberration, exception) when compared with major countries. If the Government is indeed (in fact, actually, undeniably) committed (dedicated, resolute, steadfast, persistent) to a comprehensive legal framework on data privacy and protection, it must revert to (return, go back, change back) the baseline (a starting point (used for comparisons)) provided in the Justice Srikrishna Committee recommendations and enact a law within a reasonable timeline (schedule).

Courtesy: The Hindu

Important Word List With Meaning

1.Personal Data Protection Bill (PDPB) , 2019 (noun)

Hindi Meaning - व्यक्तिगत डेटा संरक्षण विधेयक
English Meaning - The Personal Data Protection Bill, 2019 was introduced in Lok Sabha on December 11, 2019. The Bill seeks to provide for protection of personal data of individuals, and establishes a Data Protection Authority for the same.

2.Data Protection Law (noun)

Hindi Meaning - डेटा सुरक्षा कानून
English Meaning - The Personal Data Protection Bill, 2019 was introduced in Lok Sabha by the Minister of Electronics and Information Technology on December 11, 2019. The Bill seeks to provide for the protection of the personal data of individuals and establishes a Data Protection Authority (DPA) for the same.

3.brook (verb)

Hindi Meaning - बर्दाश्त करना, सहन करना
English Meaning - tolerate, allow, accept (something like dissent/difference of opinion).

4.stated (adjective)

Hindi Meaning - कहा गया है, पहचाना गया, स्पष्ट रूप से व्यक्त किया गया
English Meaning - specified, identified, expressed clearly.

5.come up with (phrase)

Hindi Meaning - साथ आएं, प्रस्तुत करना
English Meaning - produce, devise, propose, put forward, present, submit, suggest, recommend.

6.framework (noun)

Hindi Meaning - रूपरेखा, संरचना, योजना, प्रणाली
English Meaning - structure, scheme, system.

7.regulation (noun)

Hindi Meaning - विनियमन, निरीक्षण, निगरानी
English Meaning - supervision, overseeing, monitoring, inspection.

8.Parliamentary select committee (noun)

Hindi Meaning - संसदीय चयन समिति
English Meaning - ‘parliamentary select committee’ can be formed for a specific purpose, for instance, to deliberate on a particular bill. Once the Bill is disposed of, that select committee ceases to exist.

9.regulate (verb)

Hindi Meaning - विनियमित, पर्यवेक्षण, निरीक्षण
English Meaning - supervise, oversee, monitor, check, inspect, administer.

10.ecosystem (noun)

Hindi Meaning - पारिस्थितिकी तंत्र, जटिल स्थिति
English Meaning - complex situation/environment.

11.stakeholder (noun)

Hindi Meaning - हितधारक
English Meaning - a person with an interest in something.

12.author (verb)

Hindi Meaning - लेखक, लिखें
English Meaning - write, create, frame, formulate, devise.

13.overemphasise (verb)

Hindi Meaning - अधिक जोर देना, अतिरंजना, अतिशयोक्ति
English Meaning - overstress, exaggerate, overdo, overplay, overdramatize.

14.angle (noun)

Hindi Meaning - कोण, दृष्टिकोण
English Meaning - aspect, approach, viewpoint, standpoint, point of view.

15.diverge (verb)

Hindi Meaning - हट जाना, झुकना
English Meaning - drift, turn away, turn aside, get sidetracked, differ, vary, change, depart, be different.

16.rollback (noun)

English Meaning - withdrawal, removal; annulment, cancellation, invalidation.

17.Bill (noun)

English Meaning - A Bill is a draft statute that becomes law after it is passed by both the Houses of Parliament and assented to by the President. All legislative proposals are brought before Parliament in the forms of Bills (or) draft statute/law, proposed legislation, proposal (presented to parliament/congress/council for discussion).

18.address (verb)

English Meaning - tackle, deal with, attend to, try to sort out.

19.lacunae (plural of) lacuna (noun)

English Meaning - a gap/empty space; missing part of something.

20.comprehensive (adjective)

English Meaning - all-inclusive, broad-based; all-embracing, complete, thorough.

21.aver (verb)

English Meaning - proclaim, announce, state, communicate, assert, mention, pronounce, express.

22.in sync (phrase)

English Meaning - in agreement; work well together.

23.in line with (phrase)

English Meaning - in alignment with; in accordance with.

24.landmark (noun as modifier)

English Meaning - milestone, watershed, historic event, major achievement.

25.House committees (noun)

English Meaning - The parliamentary (standing & select) committees; They do close examination and investigation of government policies, actions and spending.

26.Parliamentary Standing Committee/Parliamentary panel (noun)

English Meaning - it is a committee (consisting of Members of Parliament) constituted usually on an annual basis to enable detailed consideration/discussion on all bills (all proposed laws).

27.joint parliamentary committee (noun)

English Meaning - ad hoc (temporary) Committees appointed for a specific purpose (to examine irregularities and aberrations, if any, and the consequences therefore in the implementation of Government decisions and policy prescriptions) and they (JPCs) cease to exist when they finish the task assigned to them and submit a report.

28.chair (verb)

English Meaning - lead, direct, preside over, manage, control, be in charge of.

29.draft bill (noun)

English Meaning - the bills which are issued for consultation before being formally introduced to Parliament.

30.The Srikrishna Committee (noun)

English Meaning - The Government of India constituted a Committee under the Chairmanship of former Supreme Court Justice Shri B N Srikrishna to study various issues relating to data protection in India and make specific suggestions on principles to be considered for data protection in India and suggest a draft Data Protection Bill.

31.Data Protection Authority (DPA) (noun)

English Meaning - India’s proposed data protection legislation, the Personal Data Protection Bill, 2019 proposes to create a new, independent public authority called the Data Protection Authority of India (DPA). The DPA will oversee the implementation of the protections provided under the bill and is therefore a key part of the proposed regulatory framework.

32.interest (noun)

English Meaning - common concerns (in politics/business).

33.leeway (noun)

English Meaning - freedom, scope/flexibility, latitude/elbow room.

34.exempt (verb)

English Meaning - exclude.

35.application (noun)

English Meaning - implementation, utilization, execution, carrying out, putting into operation.

36.Act (noun)

English Meaning - law, decree, statute.

37.oversight (noun)

English Meaning - supervision, surveillance, superintendence, inspection.

38.composition (noun)

English Meaning - formation, structure, organization.

39.the executive (noun)

English Meaning - the executive is a branch of government which enforces the law as written by the legislature and interpreted by the judiciary.

40.exemption (noun)

English Meaning - exclusion, exception.

41.informed (adjective)

English Meaning - knowledgeable.

42.informed consent (noun)

English Meaning - the permission a patient gives a doctor to perform a test or procedure after the doctor has fully explained the purpose.

43.the state (noun)

English Meaning - the government, the administration, the regime, the authorities, the Establishment.

44.call for (phrasal verb)

English Meaning - require, publicly ask/necessitate, demand.

45.non-consensual (adjective)

English Meaning - without a mutual consent.

46.public order (noun)

English Meaning - it means the situation that exists when people obey the laws, rules or authority of the State.

47.besides (adverb)

English Meaning - in addition, furthermore, moreover, further.

48.unclear (adjective)

English Meaning - uncertain, undecided; confused.

49.realignment (noun)

English Meaning - reorganisation, reordering, reshuffle.

50.come about (phrasal verb)

English Meaning - happen, occur, arise, transpire.

51.civil society (noun)

English Meaning - civil society refers to space for collective action around shared interests, purposes, and values, generally distinct from government and commercial for-profit actors. It refers to a wide array of organizations: community groups, non-governmental organizations [NGOs], labour unions, indigenous groups, charitable organizations, faith-based organizations, professional associations, and foundations. Civil society - sometimes called the “third sector” (after government and commerce) - has the power to influence the actions of elected policy-makers and businesses.

52.provision (noun)

English Meaning - term, clause, requirement/condition.

53.safeguard (noun)

English Meaning - protection, security, defence.

54.dissent (adjective)

English Meaning - disagreeing, differing, objecting, disputing, disapproving.

55.dissent note (noun)

English Meaning - differing note/message, disputing note, disagreeing note.

56.go on (phrasal verb)

English Meaning - continue, carry on, proceed.

57.ground (noun)

English Meaning - reason, cause, basis, factor.

58.liable (adjective)

English Meaning - responsible, accountable, answerable, chargeable.

59.mandatory (adjective)

English Meaning - obligatory, required, necessary, compulsory.

60.data localisation (noun)

English Meaning - the act of storing data on any device that is physically present within the borders of a specific country where the data was generated.

61.anomaly (noun)

English Meaning - something different, abnormal, unusual; oddity, peculiarity, deviation, aberration, exception.

62.indeed (adverb)

English Meaning - in fact, actually, undeniably.

63.committed (adjective)

English Meaning - dedicated, resolute, steadfast, persistent.

64.revert to (verb)

English Meaning - return, go back, change back.

65.baseline (noun)

English Meaning - a starting point (used for comparisons).

66.timeline (noun)

English Meaning - schedule.