No Turning Back for Data Protection Law


Data generated by any user should rightfully belong to that individual unless they are voluntarily sharing it with other stakeholders, private companies, the government or any third party. Since it has been made mandatory for every individual to link the data with Aadhaar data, privacy becomes an uppermost concern here.

To beat up this privacy concern, Data Protection Law is the mechanism which is likely to be in place by December which will adhere with Supreme Court’s judgment on the right to privacy. As per the Supreme Court, right to privacy is a fundamental right but not an absolute right and will be subjected to reasonable restrictions.

The Data Protection Law is drafted by a panel headed by Justice BN Srikrishna, a retired Supreme Court Judge. The encyclopedic consultation will be done and an adaptive mechanism will be generated where a skillful hybrid of data availability and data safety, security and privacy will be available.

Since India is accelerating towards the digital world and startups every now and then should be acknowledged as they are potential of bringing the great economy to the country, one must point out that establishment of privacy as a fundamental right.

Privacy still prevails to be a major concern which could weaken the new mutation, the Court has marked crucial criteria were reasonable restrictions can be applied. This data handling and processing practices can not only for government agencies but also for the private companies and emerging startups as well.

As per one of the officials of the nine-member, the rules will be drafted under the broad framework of the judgment passed by SC Rules will be around how data can be shared, whether data can be shared at all, how long it will have to be stored.

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Note – Please note that the above article is part of our continuous research on the related matters. It is based on our interpretation of related regulations which may differ person to person. Readers are expected to take expert opinion before relying on above.


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