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Personal Information Security Bill: In pursuance of privacy and security

While 107 countries have enacted information security laws so far, the European Union (EU) law has been hailed as the best of all. Though India already has 60 million internet users, the country is lagging behind in enacting legislation ensuring the protection of personal information.

Personal Information Security Bill
Personal Information Security Bill

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Published : Feb 11, 2020, 7:18 PM IST

Hyderabad: If the use of computers, the Internet and smart phones is on the rise today, artificial intelligence and the Internet of Things (IoT) are going to boom tomorrow, the information and data of the people and organisations that use them are stored in these devices whether they like it or not.

Taking advantage of this, the number of cyber criminals stealing money and valuable information of individuals and corporations, as well as technical and military information of countries and companies have been on the rise.

With the help of facial recognition technology, the Chinese Communist government is tracking the movements of the separatists and agitators and putting them behind bars for flouting rules. This way, governments are able to successfully elicit the information of 'undesirable' forces and making their lives miserable. To prevent this, many countries, including the Supreme Court in India, have declared that citizens have the right to privacy.

While 107 countries have enacted information security laws so far, the European Union (EU) law has been hailed as the best of all. Though India already has 60 million internet users and over 80 million mobile phones, the country is lagging behind in enacting the legislation for the security of personal information.

The Union Cabinet has approved the draft Bill presented by the Srikrishna Committee in 2018 to correct this error. Union Information Technology Minister Ravi Shankar Prasad introduced the Bill on December 11 last year for the consent of Parliament.

A full debate will be held at the next parliament session on this Bill. This bill sets out the procedures for the collection, storage and processing of personal information.

Foundation of Digital India

The Data Security Bill states that personal consent is a must for companies and anyone else to use that information since personal data is the fuel that drives the digital economy. Personal information is classified as vital, sensitive and general information.

Consumers' financial, health and biometric information, their political and religious beliefs stored in digital tools is considered as sensitive. This type of data is preserved on Indian soil and it can be processed abroad with explicit consent.

Information about the security of the country is considered vital. The government is constantly declaring certain types of data as vital information. It has to be stored and processed only in India. More general information can be stored and processed unconditionally anywhere.

Companies that use the information without the user's consent will be fined four percent of their international turnover of Rs 15 crore. Unofficially capturing and disclosing information will entail a fine of Rupees five crore or two percent international turnover.

Organisations that collect and analyse child information may need parent or guardian permission. The age of the child should be ascertained. Organisations that provide services specific to children should not monitor their activities. The bill mandates that the use of technologies that assess their habits and character should not be used.

The bill, which restricts companies from using citizens' sensitive information, gives the government complete freedom in this regard. For the benefit of the public and the protection of the sovereignty of the country, the government stipulates that their information can be collected and analysed without the consent of the citizens. The Centre will set up an information security agency for its implementation.

There is no doubt that our information security bill is like a knife-sharp on both edges. On the one hand, it gives Indians the right to keep personal information confidential and on the other, the central government is vested with the power to violate that privacy.

At a time when online business is gaining popularity for business on goods and services, cash receipts and payments, education, learning, bureaucracy, military and business activities, the need of Digital India is very essential to protect information.

The Center has introduced the Personal Information Security Bill to lay a strong foundation for it. While this bill serves as a compass for managing the online business, it also poses new challenges to well-established companies such as Google, Facebook, WhatsApp, Bite Dance, Twitter and TickTock. It imposes further restrictions on the use of Indian information.

Google earns over $ 100 billion annually through online advertising in India. More than 21.7 million people view Facebook every month. WhatsApp is used by over 40 crore Indians. Tech companies will be held accountable for this consumer information. The Personal Information Security Bill suggests some caution in the wake of the deaths of up to 30 people due to misinformation on social media.

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