New rules under data protection law must empower Big Tech users: Experts

New Delhi, Aug 12

As President Droupadi Murmu gave her assent to the Digital Personal Data Protection (DPDP) Bill 2023, experts on Saturday said that upcoming rules under the new law will empower Indian users about how Big Tech can or cannot use their data.

The long-awaited bill was passed by the Lok Sabha on August 7 and by the Rajya Sabha on August 9. As the data protection law has now been enacted, the government will soon begin the rule-making process.

"The Act aims to concretise the efforts that Big Tech, and data fiduciaries in general, must now undertake towards respecting the users' privacy rights and control over their personal data. This will now entail transparently informing the users about the specific purposes of data processing, while also obtaining clear and precise user consent that may be later withdrawn," said Harsh Walia, Partner at Khaitan & Co.

The users may also request erasure of their data.

Moreover, the principle of data minimisation will require collection of only that personal data which is necessary for the specified purpose.

"Simultaneously, the government may prohibit cross-border data transfers to certain notified geographies, and stricter rules for data security measures are also expected. Most importantly, the law also bolsters the overall grievance and adjudication process, and imposes heavy penalties for contraventions by data fiduciaries," Walia noted.

According to experts, the success of the data protection law will be determined by when and how new rules are made and how effectively they are implemented.

"It is also necessary to understand what will be the status of the old IT rules till the new rules are made. Also, we need to see how effective will be the practical mechanism for redressal of common people's grievances as per India's new law on foreign tech companies," Virag Gupta, Supreme Court lawyer and cyber law expert, told IANS.

With the ban on illegal data business, according to the new law, if tax is collected from the data business, then both the society and the economy will be strengthened, Gupta stressed.

Explained: How Data Protection Bill aims to safeguard Indians’ privacy