Indian government passed Digital Personal Data Protection Act in year 2023. This law was brought with the aim of ensuring the protection of citizens’ personal data. Bill passed both houses of parliament in August 2023 after consideration of several drafts and received presidential approval thereafter.
However, law has been criticized since it was enacted. Critics include journalists, who believe journalistic freedom could be affected by the statute. On July 28 last, several journalist organizations met S Krishnan, Secretary, Ministry of Electronics and Information Technology (MeitY). In this meeting he demanded government amend some provisions of the law.
Digital Personal Data Protection Act currently not in place. There are many provisions in this law on which the central government will have to make rules. In January 2025, the government issued draft rules related to this statute, which are currently being considered. Let us understand what this law is and what and what kind of impact its implementation can have on journalism.
What is the law?
Supreme Court elevated privacy to a fundamental right in 2017, after which the statute was brought. Under this law, if any person or organization uses someone’s personal data, it must comply with certain conditions. For example, before taking anyone’s personal data, consent will have to be taken from that person, the data will have to be used for a legitimate purpose and the security of the data will also have to be taken care of.
According to this, a person can also demand to have his personal data deleted after giving it. Violation of this statute could result in fines of up to Rs 250 crore. Government could even increase this fine to Rs 500 crore. Private data includes all information that could make someone’s identity public. Includes details like name, address, phone number, photo, health and financial matters information and a person’s internet browsing history.
Also, this statute defines ‘processing’ data. It includes gathering, storing and publishing data. It will be the responsibility of the Central Government organization ‘Data Protection Board of India’ to implement this law. This board will work on many matters like imposing fines, hearing complaints.
Why are journalists protesting?
Journalist organizations say private data is used in almost every kind of journalism. For example, if a journalist is reporting on an officer’s corruption, it may refer to the officer’s personal data. Journalists have therefore objected to several provisions of this statute. Like under this statute the government can order a person’s data to be shared in certain circumstances.
Journalists fear if government issues such order, identity of their secret sources may be revealed. Sometimes reporting includes sources whose confidentiality needs to be maintained. In February 2024 Editors Guild of India wrote to Union Minister Ashwini Vaishnav raising concerns over several provisions of this law. Guild had written that the statute ‘could pose an existential threat to journalism.’ Ashwini Vaishnav is Union Minister of Electronics and Information Technology. Journalists said this law may not affect interviews and other things, but it could affect investigative journalism and sensitive reporting.
22 press organizations and more than a thousand journalists also sent memos to government on June 25, calling for changes to statute. These journalists include newspaper, TV, YouTube and freelancer journalists.
What is the demand of journalists?
Journalists demand journalistic work should be exempted from this law. Currently exempt from Data Protection Statute for certain purposes, such as crime investigation. When the first draft of this statute was published in 2018, it exempted several provisions related to journalism. When the bill first appeared in parliament in 2019, such exemptions were still granted. So did the year 2021 draft bill have some leeway for journalism. However, in the year 2023 when this statute was passed, the exemption associated with journalism was removed. Not clear why it was done.
Journalists have asked the government for answers. Along with this, journalist organizations say that the ‘definition of journalist’ should not be limited only to people working in media institutions. Editors Guild also mentioned in its letter that journalism is exempted from data protection laws of countries like Europe and Singapore. Justice B of 2018 on the subject. N. Srikrishna Committee report said if journalists had to fully comply with data protection law, it would mean no person would consent to a report against him.
Press Club of India vice-president, journalist Sangeeta Barua Pisharoti, told a press conference on July 30 that she had met with the secretary of the Ministry of Electronics and Information Technology on July 28. According to him, “The government has said that this law will not cause any difficulty to journalists”. Ministry secretary’s asked us to prepare and give us the FAQs (Frequently Asked Questions).” He said journalist organizations are demanding amendments to the law and till then journalists should be temporarily exempted from it.
Right to information
Right to Information Act (RTI Act) provides that no personal information can be given under it. But it can be done if it’s a public interest issue or if it’s not misrepresenting a person’s privacy. Also the law said if there’s information that can be given to Parliament or the state assembly then the general public can be given such information. But data protection statute amends this provision. After amendment, this provision simply says that one’s personal information cannot be made public under RTI law.
Although experts believe a lot of information taken under Right to Information is private. Like-people’s names, their addresses. In this sense, data protection law would weaken the right to information. On July 28, Justice Ajit Prakash Shah, former Chief Justice of Delhi High Court and chairman of a committee on the law of privacy in the year 2012, wrote a letter to Attorney General of India R Venkataramani. He said the Right to Information Act already took care of people’s privacy, so it didn’t need amendment.
Based on the same argument, it was said that amendments to the Right to Information Act should be withdrawn. On this subject, Right to Information activist Anjali Bhardwaj had told BBC, “This means that if anyone wants information, they will have to show that it is in the public interest to make this information public.” According to him, earlier laws required an officer to show that disclosing any information was not in the public interest or would unnecessarily attack a person’s privacy, but this has now been overturned.
What does the government say?
The government argues that this law has been prepared on the basis of Supreme Court instructions which declared ‘privacy’ as a fundamental right and asked to ensure protection of privacy. Union Minister Ashwini Vaishnav had said in an interview that the Data Protection Act will not affect the Right to Information (RTI). If any information is in the public’s interest, it will continue to be shared as before, according to him.
Also at the meeting on July 28, the secretary of the Ministry of Electronics and Information Technology had reassured reporters that the statute would not affect their functioning. However, journalist organizations still demand changes in law. Oral assurance alone, he says, wouldn’t have been legally binding.
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