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Data Protection Bill To Be Tabled In Monsoon Session, Attorney General Tells SC

Constitution bench headed by Justice K. M. Joseph was hearing the plea against WhatsApp privacy policy to share users' data with Facebook when the information was given by the AG to the Court

Digital Personal Data Protection Bill 2022 was ready and will be tabled before the Parliament in the monsoon session this year, Attorney General for India R. Venkatramani informed the Supreme Court of India on 11 April.

Constitution bench headed by Justice K. M. Joseph was hearing the plea against WhatsApp privacy policy to share users' data with Facebook when the information was given by the AG to the Court.

The Bill, if passed and enacted, will replace the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011.

The Supreme Court had in its judgment in K. S. Puttaswamy vs Union of India (2017) held that right to privacy was a fundamental right but it was not absolute and therefore reasonable restrictions could be imposed.


The Court had observed that, "The right to privacy is an element of human dignity. The sanctity of privacy lies in its functional relationship with dignity. Privacy ensures that a human being can lead a life of dignity by securing the inner recesses of the human personality from unwanted intrusion. Privacy recognises the autonomy of the individual and the right of every person to make essential choices which affect the course of life. In doing so privacy recognises that living a life of dignity is essential for a human being to fulfill the liberties and freedoms which are the cornerstone of the Constitution. To recognise the value of privacy as a constitutional entitlement and interest is not to fashion a new fundamental right by a process of amendment through judicial fiat."

The Centre had earlier stated before the Court that the process to legislate on the issue has commenced with invitation for public comments.



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