The former SC judge voiced that, data is an individual fundamental right and that is being abridged by this government, without following the strict constitutional parameters
Mumbai: In a scathing attack on the central government, former Supreme Court judge, justice BN Srikrishna called the current version of the Personal Data Protection Bill as a ‘monkey’ version of its original format.
Retired judge, justice Srikrishna, who led the committee that came up with the draft of the Personal Data Protection Bill, said it is unique legislation and it is in contrast with the draft, which mentions no data will be processed without the consent of the person.
“The government has messed up the control mechanisms that relate to the access of the data of a person, which should instead have been laid down by parliamentary process and law. What has been done is Orwellian. They have made a monkey of the Bill,” he said. The former judge was interacting with students at a program in a South Mumbai.
He claimed that the bill, in its edited format by the government, gives the Centre the powers to exempt any agency from its provisions. It states that the Central government can decide in the interests of “sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order” or “for preventing incitement to the commission of any cognizable offense relating to certain conditions, direct that all or any of the provisions” of the Personal Data Protection Bill would not apply to “any agency of the Government”.
Former justice Srikrishna slammed the role of the Data Protection Authority (DPA), whose job will be to protect the personal data of Indian citizens. The selection committee of the DPA will consist of the cabinet secretary, two secretaries to the government, and others.
The first draft of the Bill was submitted under a committee chaired by Justice Srikrishna in July 2018. However, now he claimed that the original draft has been allegedly altered by the government.
“This was not the original design of the Bill. The committee was very specific about using due process. Even parliamentary law has to comply with constitutional parameters laid down by the Supreme Court in accordance with the Puttaswasamy judgment,” he stressed.
The Puttaswamy judgment held that the right to privacy was protected as a fundamental constitutional right. The Personal Data Protection Bill, which has been in the works for over a year, was introduced in the Lok Sabha on 11 December and referred to a Joint Parliamentary Committee (JPC) following a voice vote.
The JPC is headed by Member of Parliament Meenakshi Lekhi. The first meeting of JPC was held on 16 January with the Ministry of Electronics and Information Technology, which has drafted the Bill. Suggestions have been invited by the committee has invited from other stakeholders on the Bill.
“Citizens, communities, educational institutions, youths must voice over this Bill. They must fight and protest as this Bill, in its current form does not protect an individual’s rights and that is extremely dangerous,” he noted.
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