Legislating for Data Protection

Why in news?

The recent SC verdict on ‘Right to Privacy’ has brought the debate on data protection to the fore again but has some sticky points. 

What is the current scenario?

• Currently, data protection provisions are part of the ‘IT Act’ rules - 2011 and work is underway to draft a separate legislation for the same.
• Till now, there was no way to regulate private enterprises that access messages, notifications and contacts without the customer’s knowledge.
• The recent recognition of the right to privacy as a fundamental right will be a major game changer.

How has the verdict fared in the data protection context?

• New technologies offer us facilities and services that enhance our quality of life.
• Most of these new technologies rely on big data and machine learning, which in turn depend on access to large data sets.
• While the verdict has corrected the misgivings of the past, it hasn’t clearly envisioned the future in its view on data protection.
• The pronouncement seems to favour a strict notice and consent-based framework, which could affect our ability to get the most out of modern technology.
• In the face of a rapidly increasing number of devices and systems that constantly collect information in ways that we cannot completely comprehend, consented collection is infeasible.

What is the better alternative?

• Regulators around the world have begun to discard the principle of notice and consent that guided their actions for over three decades.
• They have, instead, begun to rely on models such as accountability to address the challenges of a disruptive future.

Source: Livemint