Personal Data Protection Law is important to render an effective fundamental right to privacy in India. Comment. (150 words)

Question on Data Protection

Difficulty Level: Easy

Data protection involves a process involving a relation between the collection and dissemination of data, and process to protect it. A depth of technological interference in normal human lives in the form of complicated fourth generation technologies posses a threat to protecting privacy due to data misuse.

In the KS Puttaswamy case, the Supreme Court has declared Data Privacy as a fundamental right under Article 21. Hence it becomes all the more significant to ensure data protection.

Why is it important?

• Prone to misuse of data – Having over 40 cr internet users, the average cost of data breach has gone up by 7.9% (2017 data)
• Export of Data – Since most of the companies storing our data are based abroad, it becomes difficult to apply Indian Laws, making it difficult to regulate anything related to data.
• Breach of Privacy – It becomes difficult to find the perpetrator of the once breaching privacy.
• Applicability – Since the current usage of law is regulated by IT Rules 2011 which isn’t applicable to private entities, it becomes difficult to have a Data Protection Code to have uniformity across public and private agencies in terms of data usage.

Data privacy is a fundamental right and codifying data protection law becomes imperative to ensure that any type of data breaches, leakages, and misuse is protected with an effective grievance redressal mechanism.