The Editors’ Guild of India has expressed concern over certain provisions of the Digital Personal Data Protection (DPDP) Act, saying they may have an adverse impact on press freedom.
In a statement released on Sunday, the association said the DPDP Act creates an enabling framework for surveillance of citizens, including journalists and their sources.
The association has asked the Speaker of the Lok Sabha, Om Birla, to refer the bill to the Standing Committee of Parliament. It has also written to Prime Minister Narendra Modi, Rajyakarya chairman Jagdeep Dhankar, IT minister Ashwini Vaishno and leaders of various parties in parliament expressing concerns over the bill.
The government tabled the DPDP bill in the Lok Sabha on 3 August. The proposed legislation, aimed at protecting the privacy of Indian citizens, proposes fines of up to Rs 250 crore for entities that misuse or fail to protect personal digital data.
The bill comes six years after the Supreme Court ruled that privacy is a fundamental right.
Under Section 36 of the DPDP Act, the government can require any public or private entity (data fiduciary) to provide personal information of citizens, including journalists and their sources, the association said.
It also raised concerns about section 17(2)(a), which allows the federal government to issue a notice excluding any “state body” from the provisions of the Act, thereby exempting them from data protection restrictions, including internal sharing and process data.
It added that Article 17(4) allows governments and their agencies to retain personal data indefinitely.
“We note with dismay that while the bill, ostensibly designed to promote data protection, fails to make provisions to achieve much-needed surveillance reform, it in fact creates a favorable environment for surveillance of citizens, including journalists and journalists. framework. Their source,” the association said.
It said it was deeply concerned about the lack of immunity for journalists from certain legal obligations, as reporting on certain entities in the public interest could conflict with their personal data protection rights.
Justice Sri Krishna’s committee provided a framework for balancing personal data protection and public interest, which is missing from the current bill.
“This will have a chilling effect on journalism in the country,” the association said.
Certain provisions of the bill also shift the balance in favor of non-disclosure of information, including information sought by journalists in the public interest, thereby reducing liability, it said.
The association also raised concerns about the composition of the Data Protection Commission, stressing its need to be independent of government.
The government has included the DPDP bill in the Lok Sabha for consideration and passage on Monday.
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