
Srikrishna panel report: Data safeguards will not apply to national security, police and courts
A landmark privacy bill drafted by the Justice BN Srikrishna committee, which seeks to protect citizens’ data and privacy, provides for certain exemptions from provisions of the Bill, especially when data needs to be accessed for purposes of national security, police investigations and legal proceedings.
The draft Personal Data Protection Bill, 2018 – part of the Srikrishna panel report – provides for regulations on how personal data is to be handled by various entities, including the state. However, it does make key exemptions, such as consent, under special circumstances.
For instance, section 42 states that when there is a need to access or process citizens’ data for reasons of national security, this will be exempt from key rules that protect data, as provided in the draft bill. However, these exemptions will apply only when it is authorized by law.
Whatever the exemptions, personal data must always be handled in a “fair and reasonable ma- nner” that respects the “privacy of the data principal”, the draft bi- ll states. Data principal, as defin- ed by the bill, refers to any person whose data is being referred to.
Similar exemptions have been made in the draft bill for processing of personal data for police investigations and detentions or prosecution for any offence committed. But such exemptions only apply when permission has been granted by law. The implication of these provisions is that Parliament and states will have to make a separate law to allow for these exemptions.
Exceptions have also been proposed in the draft bill for legal proceedings. When personal data needs to be accessed to enforce any legal right or claim, seeking any relief, defending a criminal charge, opposing any claim, or obtaining any legal advice from an advocate, major provisions of the draft bill do not apply.
Such exemptions from provisions of the bill have also been extended to any court of law or tribunal in the country, that needs to access or process personal data to carry out judicial processes.
When such exemptions kick in, an entity – whether police, a court or a person – is not required to adhere to data-protection obligations that will usually apply. Such exemptions include chapter II of the draft Bill, which requires personal data to be processed only for purposes specified or for any other related purpose that is “reasonably” expected, the bill states.
Moreover, where processing of personal data is necessary for research, archiving, or statistical purposes, exemptions can be sought from the data protection authority, the apex regulator wh- ich the bill provides for. It is for the authority to decide what exemptions are to be given, depending on a case-to-case basis.

Rajasthan: 90 urban local bodies to go to polls on Jan 28

India extends restrictions on flights from UK till February 14
- On December 21, India joined a growing list of countries to seal off access to people who have been to the UK, suspending all flights to and from the country between December 23 and December 31 in order to stop the spread of a new strain of the coronavirus.

RJD eyes Bengal, Assam assembly polls, considers pacts with TMC, Congress-AIUDF
- The RJD is looking to contest seven to eight seats in West Bengal and 12 seats in Assam.

Congress stoking unrest due to poor show in polls, says Javadekar
- A day after violence broke out in the Capital when a section of protesting farmers marched to the Red Fort, Javadekar said, the government has already held 10 rounds of talks with the farmers and offered to put in abeyance the farm laws for 18 months, but the Congress does not want a resolution.

Govt extends restrictions on flights between India and UK till Feb 14

Cong sharpens attack on Centre for violence in Delhi. Amit Shah is the target
- The Congress said the violence during the tractor parade in Delhi was a concerted conspiracy, aided and abetted by the government to malign the entire farmers’ movement against the three farm laws

Congress, Rahul Gandhi instigated farmers protest, claims Prakash Javadekar

Congress to field mix of youth and experience for Kerala polls: Rahul Gandhi
- On a two day visit to his constituency, he will kick-start the party’s election campaign in Kerala and meet many local leaders.

Odisha govt fails to file charges, IFS officer, son get bail in corruption case
- The Odisha Vigiance Department which had accused teh IFS officer of amassing disproportionate assets worth ₹9.35 crore had claimed that it was the biggest case of disproportionate assets in its history.

Kerala student wins praise for flawlessly translating Rahul Gandhi's speech

Ministry asks states to implement plan for regulating online health aggregators

News updates from HT: India extends 'Vaccine Maitri' initiative to Sri Lanka
- Here are today’s top news, analysis, and opinion. Know all about the latest news and other news updates from Hindustan Times.

‘Never said doors for dialogue are closed’: Prakash Javadekar
- "We have never said that the doors for dialogue are closed. Have you heard? Whenever talks are held, we will let you know," Prakash Javadekar said. The government has so far held 11 rounds of talks with the farmers who have been protesting since November 26 last year.

No one will be spared, says Delhi Police commissioner on R-Day violence

Uttarakhand man bludgeons 9-year-old cousin to death with cricket bat
- Police said the accused had an altercation with the victim earlier in the day and then barged into his room in the evening and thrashed him with a cricket bat.