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GOVERNMENT OF INDIA
MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY
LOK SABHA
UNSTARRED QUESTION NO: 681
ANSWERED ON:  16.09.2020
Data Protection Law
K. Shanmuga Sundaram
Will the Minister of



ELECTRONICS AND INFORMATION TECHNOLOGY be pleased to state:-


Will the Minister of ELECTRONICS AND INFORMATION TECHNOLOGY be pleased to state:

(a) whether the Government has received Justice B.N Srikrishna report on data protection along with draft legislation on data protection;

(b) if so, the details and the major recommendations thereof;

(c) whether the said report categories data into personal and non-personal data along with the identification of super sensitive data and if so, the details thereof;

(d) whether the Government has accepted the classification of personal data made in the report;

(e) if so, the details thereof; and

(f) whether the Government will include non-personal data in the proposed legislation and if so, the details thereof and if not, the reason therefore?


ANSWER
(a) and (b): Yes, Sir. Justice B.N Srikrishna Committee has submitted its report along with the Draft Bill to the Government on 27th July, 2018, the Draft Personal Data Protection Bill, 2018. The Report & the Draft Bill of the Srikrishna Committee are available at: https://meity.gov.in/data-protection-framework. The committee had made an extensive study about the privacy laws in various countries, and these details are available in the report. The proposed Bill seeks to incorporate best practices from all such laws.

(c): The report and the Bill by Justice BN Srikrishna committee categorises personal data in three categories- personal data, sensitive personal data and critical personal data.

(d) and (e): Yes sir, the Government has accepted the same classification and PDPB-2019 introduced in the Lok Sabha reflects the same.

(f): The Bill introduced in the Parliament- PDPB 2019 has clause 91(2) which enables to direct any data fiduciary or data processor to provide any personal data anonymised or other non-personal data to enable better targeting of delivery of services or formulation of evidence-based policies by the Central Government, in such manner as may be prescribed.

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