Digital Personal Data Protection Act Is An Outlier, Not In A Good Way : Apar Gupta thumbnail
Digital Personal Data Protection Act Is An Outlier, Not In A Good Way : Apar Gupta
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Section 7(g), which states that no consent will be required for the government to process data for taking measures to provide medical treatment, or health services during an epidemic, outbreak of disease or any other threat to public health. “Exemption of certain legitimate uses where consent is pre
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  • Section 7(g), which states that no consent will be required for the government to process data for taking measures to provide medical treatment, or health services during an epidemic, outbreak of disease or any other threat to public health.
  • “Exemption of certain legitimate uses where consent is presupposed is in variance with several international data protection statutes,”
  • Section 17(3), which gives the central government the power to exempt some data fiduciaries or class of data fiduciaries from certain obligations under this act as a data process, owing to the ‘volume and nature’ of personal data processed. For more context, the act identifies ‘data fiduciary’ and ‘data processor’ as the entities or stakeholders t...
  • Section 8(1)(j) of the RTI Act excludes personal information which has no connection with any ‘public activity or interest’ or which can result in an ‘unwarranted invasion of the privacy of the individual’, from the realm of information that can be sought under the Act. But an exception was made for personal information, the disclosure of which a p...
  • an RTI applicant cannot seek any information related to ‘personal information’ even if the larger public interest warranted its disclosure. The amendment also takes away the proviso.

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