Behind the United States India is the second largest populated with English as its primary language and it has one of the fastest growing demographics of personal computer and Internet usage.Data is basically an information that is presented in raw and inorganised pieces which is stored by a computer in the form of text documents, files, software programs, etc.This information is collected for its analysis or reference. With social, economic, legal, corporate and governmental activities the flow of data is expanding in great speed.India is experiencing a major paradigm shift to using a multitude of technologies due to tremendous technological growth  And therefore in today’s economy, need for protection of such online data is of paramount importance which must be protected.Data protection is a process of protecting and safeguarding such vital information from either misappropriation, misuse, corruption or loss or from unauthorized access which can be concerned with an individual, enterprise or even a government.Along with such fields mentioned above protection of data must also be applied to personal data.Personal data generally refers to the information or data which relate to a person who can be identified from that information or data whether it is collected by any Government or any private organization or an agency.Such privacy laws, policies and procedures aim to minimise intrusion into one’s privacy caused by the collection, storage and dissemination of personal data. The significance of data protection is increasing with the amount of data created and processed.The general population is still primarily unaware of consequences related to identification theft.Subsequently, Data Protection Strategies are also assuring and ensuring us that the lost data can be recovered and restored, if any misfortune or misappropriation happens with the impugned data.

NEED FOR DATA PROTECTION LAW IN INDIA:

1.As we all know that right to privacy is now our fundamental right so for our protection we should have data protection law.

2.By bringing these laws we all will be aware  and can check on all unauthorised leaks, hacking, cyber crimes, and frauds. 

A very good example is case of Aadhar card leaks by Gujarat based websites who were found disclosing their adhere numbers as well as in Jharkhand where 1.6 million people’s aadhar card details were leaked.

3.It will help us in our growth and improvement of business process and will secure our digital payments.

4.It will also help us to restrict use of data by data colonising companies such as Facebook, Whatsapp 

Example: In case of Cambridge Analytical Scandal ,they allegedly involved collection of personally identifiable information of up to 87 million Facebook users attempt to influence voter opinion.

STEPS TO PROTECT DATA:

Data Collection:

The first step for data protection is to start with data collection itself.There must be strict data collection policy by the top authority.Data should be collected by the agencies authorised by the government.All the information collected should be of lawful purpose only.

Data Security and Storage:

All data captured should be kept upto date and accurate.It should applied appropriate technical and organizational measures.

Data Process:

Processing of data must be fair and lawful.Data shall be processed only when the consent of user is involved or if user or any one of its party is in contract.Data should be processed only for given purposes like if its for judicial proceedings, legitimate use for national interest or vital interest of subject.

Data Access:

The data access must follow NEED TO KNOW basis.There must be proper control that information should not go beyond the Indian territory.If it does then proper measures should be taken to ensure that information is protected outside India.

Indian Laws For Data protection:

In our constitution we does not patently have a law for data protection. However courts have implied this data protection law into existing fundamental rights that is under article 21 however its interpretation was fond insufficient to provide adequate protection for our data.

In the year 2000, our legislatures made efforts to embrace privacy issues relating to computer system under Information Technology Act(IT), 2000 which deals with the issues relating to payment of compensation (Civil) and punishment (Criminal) in case of wrongful disclosure and misuse of personal data and violation of contractual terms in respect of personal data.

UNDER IT ACT 2000 

SECTION 43:

This section provides protection against unsanctioned access of the computer  system and unsanctioned downloading, extraction and copying of data by imposing heavy penalty upto 1 crore.In which clause “c” imposes penalty unsanctioned  usage of computer viruses and clause “g” imposes penalty for for assisting these unsanctioned access.

SECTION 65:

This section is for someone who intentionally destroys or causes another to do as such shall also be charged with a penalty of imprisonment or fine up to 2 lakh rupees.

SECTION 66:

This section is for protection against hacking person hacking our data or giving us knowledge about our data to be hacked in future by giving information residing in a computer resource shall be penalised by imprisonment of three years or fine up to two lakh rupees or both on the hacker.

SECTION 70:

This section  provides protection against our protected system like computer system or network however in breach of this section will be liable for punishment of imprisonment which may extend to ten years and shall also be liable to fine.

SECTION 72:

This section provides protection against contravention of confidentiality and privacy of the data which means if any person tries to disclose any facts or proofs which are kept secured shall be punished with imprisonment which may extend to two years or with fine which may extend to one lakh rupees or both.

In the year 2006, the Rajya Sabha our legislature has also introduced a bill known as ‘The Personal Data Protection Bill’ on December 8th 2006 so as to provide protection to the personal information of the person which didn’t showed any further respond.

PERSONAL DATA PROTECTION BILL (PDPB) ,2019:

After so many data protection bills this new bill came up with great dim of light.This bill was introduced by the Minister of Electronics and Information Technology, Mr. Ravi Shankar Prasad, on December 11, 2019.This bill was most importantly made for the protection of personal data of individuals and side by side establishment of a Data Protection authority for the same.Before coming upto this bill in July  2017 the Government of India formed a committee of experts to study the issues related to data protection in the country.All the experts worked on this issue almost for a year and found that most of the population in our country gives personal details to these service providers which give them their free services and these details are usually stored on servers outside India’s boundaries, which worried the Government of India and in July 2018 they submitted a draft of this bill and requested feedback from the public, Ministers, stakeholders, and other industry experts.However on December 11,2019 they submitted a revised draft of the bill in the lower house of the parliament that is in Lok Sabha and also has been sent to joint parliamentary committee (JPC) for further thinking before taken up for passing.

There was widespread hope of passing this bill by 2019 which has now been postponed to become a law or act in 2020.

About the bill:

This bill was the first attempt to domestically govern mechanisms for personal data protection and also to set up Data Protection Authority in our country.

This bill also permits personal data processing without the consent like government providing benefits to the individual, for legal proceedings, and in medical emergencies.

This bill regulates three kinds of data :

1. Personal data (personal details like name, number, etc)
2. Sensitive Personal data (healthcare details shared with doctors,banking details)
3. Critical Personal data (not yet defined)

The most important advantage of this bill is that personal information can’t be collected, processed, and shared without their consent and only necessary data can be collected and used.The Bill also permits customers to move their data from one provider to another and allows users to know the number of companies with whom the data is shared.

Private organisations are also forced to limit their customers details.

According to this bill a very serious and tough penalties will be imposed on any organization sharing customers’ data without their consent will entail a fine of INR 15 crores or 4 percent of its global turnover.Similarly data breach or delays will lead to a fine of INR 5 crores or 2 percent of global turnover.

 Personal Data Protection Bill, gave rise after European Union’s General Data Protection Regulation (GDPR) which aims at protection of an individual’s personal data globally and preventing it from misuse and misappropriation.

Example :Recently, Microsoft India launched free online courses to allow the relevant section of public who are concerned with such issues to understand the data compliance and other best practices concerning their privacy and security which help safeguard customer data.

NASSCOM along with Data Security Council of India (DSCI) has been advocating in India.

Conclusion:

Indian legal system still have to provide a proper data security and privacy protection laws to safeguard people in our country as well as to attract international clients. Data security is not only a legal requirement but a factor to compete globally.For our country’s future growth a secured information technology and other strong data protection laws are must.Our country must be aware that not only processed information regarding legal system but also sensitive information of individuals need to be protected.Failure to recognize these issues can negatively impact our country’s reputation.In addition like all other countries such as United States and United Kingdom laws, Canada, Japan, and the European Union are increasingly becoming stricter on data privacy and protection and defining what measurements must be taken to protect data.So to attract International countries aw well we all too should look upon these matters effectively by appointing privacy commissioner, establishing self regulating organisation etc.

Vice President M. Venkaiah Naidu has greeted the people on the occasion of Independence Day. He conveyed his greetings and good wishes to the people of the country.

Mr Naidu paid tributes and remembered the brave freedom fighters who made countless sacrifices to build an independent nation. Mr Naidu said, the most meaningful tribute which can be paid to the patriots is to build an India they aspired for. 

He urged every citizen to renew commitment towards building a united, strong, prosperous, inclusive and peaceful nation where a billion plus dream can find expression and fulfillment. The Vice President wished for amity, harmony and prosperity in the country on the eve of the 74th Independence Day.

Defence Minister Rajnath Singh has said that the government is doing everything to keep the morale of armed forces high and meet the operational requirement. He said, the country’s forces are at the forefront in the defence of the nation. 

Mr Singh said, history is a witness to the fact that India has never attacked anywhere and anytime to capture the land of another country. He said, India believes in winning hearts and not land. He said, but it does not mean that we will allow our self-respect to come down and whatever we do in the realm of national security, we always do it for self-defence and not for attacking others. The Defence Minister said, if any enemy country attacks on India, then it will be given a befitting reply.

Mr Singh said, Indian Air Force was lacking modern combat aircraft for a long time and as soon as the Prime Minister Narendra Modi led government took over, it started procurement of 36 Rafale fighter aircraft from France through agreement. Mr Singh said, five Rafale aircraft have already arrived at Ambala air base two weeks ago and the remaining aircrafts will also arrive soon.

The Defence Minister said, DRDO in collaboration with the Home Ministry, Health  Ministry of Health and Family Welfare, Armed Forces and other industry groups built the Sardar Vallabhbhai Patel Covid Hospital in New Delhi in a record time of 12 days.

He said, Prime Minister Narendra Modi has always supported the idea of permanent commission for women and also announced this  during his Independence Day speech in 2018. He said, Defence Ministry has issued formal government approval letter on 23rd July to provide permanent commission to women officers in the Indian Army and thus paving the way for empowering women officers to discharge big roles in the organization.

The Defence Minister also paid tributes to Indian Soldiers who sacrificed their lives in Galwan valley in Ladakh and assured their family members that the whole country is standing with them. On the occasion of Independence Day, Mr Singh also extended his greetings to the armed forces personnel.

A total of 926 Police personnel have been awarded Medals on the occasion of Independence Day. Police Medals for Gallantry have been awarded to 215 police personnel for their conspicuous gallant action. 

President’s Police Medals for Distinguished Service has been awarded to 80 police personnel and Police Medal for Meritorious Service to 631 police personnel. 

Among the majority of the 215 Gallantry Awards, 123 personnel are being awarded for their gallant action in Jammu and Kashmir, 29 personnel for their gallant action in Left Wing extremism affected areas and 8 personnel for their gallant action in North-East Region. 

Among the personnel receiving Gallantry Awards, 55 are from CRPF, 81 are from J & K police, 23 are from Uttar Pradesh, 16 from Delhi Police, 14 from Maharashtra and 12 are from Jharkhand and the remaining from the other States and UTs and Central Armed Police Forces.

President Ram Nath Kovind has approved 84 gallantry awards for defence personnel, including nine Shaurya Chakra. The Kirti Chakra has been posthumously awarded to Abdul Rashid Kalas, Head Constable, Jammu and Kashmir Police. 

Those from the Army who have been awarded the Shaurya Chakra for counter-terrorist operations in Jammu and Kashmir are Lt.Col. Krishan Singh Rawat from the elite Special Forces, Major Anil Urs and Havildar Alok Kumar Dubey. Wing Commander Vishak Nair from the Indian Air Force was also awarded the Shaurya Chakra.

The Shaurya Chakra is awarded for ‘gallantry otherwise than in the face of the enemy’. It is the third highest gallantry award in peacetime.    

The President also approved Sena Medal (gallantry) to 60 Army personnel, Nao Sena Medal (gallantry) to four from the Navy and five Vayu Sena Medal (gallantry) for the Air Force. The Bar to Sena Medal has been approved for five Army personnel. 

The President has also approved 19 Mention-in-Despatches to the Army personnel for their significant contributions in different military operations, which include eight posthumous for ‘Operation Meghdoot’ and ‘Operation Rakshak’.  

Operation ‘Meghdoot’ was launched in 1984 to secure control of the heights predominating the Siachen Glacier. 

‘Operation Rakshak’ is also an ongoing counter-insurgency operation in Jammu and Kashmir.

Prime Minister said India is dealing effectively with both terrorism and expansionism. He said those who challenged India’s sovereignty, be it at LOC or LAC, have been given a befitting reply in their own language. He asserted that India became a challenge to forces of expansionism with its freedom struggle. The Prime Minister said that respect for India’s sovereignty is supreme and the world has seen in Ladakh what country’s brave soldiers can do to uphold this resolution.

The Prime Minister said one-fourth of the world’s population lives in South Asia and several possibilities can be created with cooperation and participation. He said all leaders of the countries of the region have an important responsibility towards the development and progress of this population. 

He said ASEAN countries, which are also India’s maritime neighbors, also hold very special importance. He said that as much as India’s efforts are for peace and harmony, India is committed to its security and strengthening the army. He said India is working towards self-sufficiency in defence production.

Mr Modi in his Independence Day speech, said many big companies of the world are turning to India today. He said, the country must not only go ahead with the mantra of Make in India, but Make for World as well. He said there is a need to give a new direction to the overall infrastructure development of the country to move India towards modernity at a fast pace.

He said the National Infrastructure Pipeline Project will enable this and the country is moving towards spending more than Rs 100 lakh crore on this. He said about 7,000 projects of different sectors have been identified to bring a new revolution in infrastructure.

He emphasised on the need to remove silos saying that the entire country has to move towards multi-modal connectivity infrastructure. He said the Vocal for Local, Re-Skill and Up-Skill campaigns will raise the standard of living of people below the poverty line.

He said many areas of the country have lagged behind in terms of development and by choosing more than 110 such aspirational districts, special efforts are being made there so that people get better education, better health facilities, and better employment opportunities. He said 7 crore poor families were given free gas cylinders, more than 80 crore people were provided free food grains, and about Rs 90,000 crores were directly transferred to bank accounts.

The Prime Minister said education has a great importance in building self-reliant India. Keeping this in mind, Mr Modi said, a new National Education Policy was brought.  He said Digital India too has a great role to play in making the nation self reliant.

Mr Modi said before 2014, only 5 dozen panchayats in the country were connected with optical fiber. In the last five years, 1.5 lakh gram panchayats in the country have been connected with optical fiber. The Prime Minister said in the coming 1,000 days, every village in the country will be connected with optical fiber.

He said there is a need to give a new direction to the overall infrastructure development of the country to move India towards modernity at a fast pace. He said the National Infrastructure Pipeline Project will enable this and the country is moving towards spending more than Rs 100 lakh crore on this. 

He said about 7,000 projects of different sectors have been identified to bring a new revolution in infrastructure. He emphasised on the need to remove silos saying that the entire country has to move towards multi-modal connectivity infrastructure. 

The Prime Minister also said that a special campaign with a holistic approach is also being worked out to reduce pollution in 100 selected cities of the country. He said India is fully committed to the preservation and promotion of its biodiversity. 

In the recent past, the tiger population has increased at a rapid pace in the country. Mr Modi said a project for safeguarding Asiatic lions is also going to start in the country soon. He said Project Dolphin is also going to begin for protection of dolphins both in rivers and seas. 

Prime Minister Narendra Modi today said India must become self-reliant and use its vast natural resources to produce for the domestic as well as the global market. 

Addressing the nation from the ramparts of the Red Fort on the occasion of India’s 74th Independence Day, Mr Modi said in the midst of the COVID-19 pandemic, 130 crore Indians have pledged to build an ‘Atma Nirbhar Bharat’. He expressed confidence that India will realise this dream.

The Prime Minister said the country received record foreign direct investments during the last fiscal and the FDI growth was recorded at 18 per cent. He said even during the Coronavirus pandemic, big global companies are looking towards India.

Mr Modi reiterated the ‘Vocal for Local’ call and said that India should strive for meeting the needs of the world as well. He wondered how long the country would continue to export raw materials and import finished products. He said India has vast natural resources and the need of the hour is value addition. 

He said, the nation has to move forward with the mantra of Make for the World along with Make-in-India. He further said ‘Atma Nirbhar Bharat’ does not mean only reducing dependence on imports, but strengthening India’s capacity, creativity and skills. 

Addressing the nation for the seventh time in a row from the Red Fort, he said there are numerous challenges in becoming self-reliant, but there are millions of solutions as well. He said India has always believed that the entire world is one family and while India focuses on economic growth and development, humanity must retain a central role in this process. Citing an example of what India can do, Mr Modi said before the COVID-19 pandemic, the country was not making N-95 masks, PPE and ventilators, but now it is in a position to export such items. 

The Prime Minister said that Atma Nirbhar Krishi and Atma Nirbhar Kisan are priorities of an Atma Nirbhar India. He said, the Agriculture Infrastructure Fund of Rs one lakh crore has been created recently to give modern infrastructure to the farmers of the country. 

Mr Modi said the Jal Jeevan Mission was announced from the Red Fort last year and now, more than one lakh houses are getting water connection every day.

The Prime Minister said, education has a great importance in building self-reliant India. Keeping this in mind, Mr Modi said, a new National Education Policy was brought. 

He said Digital India too has a great role to play in making the nation self reliant. Mr Modi said before 2014, only 5 dozen panchayats in the country were connected with optical fiber. In the last five years, 1.5 lakh gram panchayats in the country have been connected with optical fiber. The Prime Minister said in the coming 1,000 days, every village in the country will be connected with optical fiber. He said Lakshadweep will also be connected to submarine optical fiber cable. 

He said NCC is being expanded in border areas and special training will be provided to about one lakh new NCC cadets.

Mr Modi stressed that women empowerment has a huge role to play in Atma Nirbhar bharat. He informed that of the 40 crore Jan Dhan accounts opened in the country, about 22 crore accounts belong to women. He said that in April, May and June this year, about Rs 30,000 crore have been directly transferred to the accounts of women.

Prime Minister Narendra Modi announced the launch of National Digital Health Mission from today. He said the National Digital Health Mission will bring a new revolution in India’s health sector and all Indians will get health IDs. He said every test, every disease, medicines prescribed by doctors, reports and related information will be contained in this one health ID.

Mr Modi informed that three Corona vaccines are in various stages of trial in India and  large-scale production will begin once scientists give their nod. He said the government’s roadmap to bring a Corona vaccine to all Indians in the shortest possible time is ready.

Mr Modi said the government fulfilled a long standing demand of people by making Ladakh a Union Territory last year.  He said Ladakh is moving forward today to touch new heights of development. He said just as Sikkim has made its mark as an organic State, efforts are being made to make Ladakh a carbon neutral region.

The Nation is celebrating 74th Independence Day today. Prime Minister Narendra Modi hoisted the national flag at the ramparts of the historic Red Fort in Delhi and addressed the nation this morning. Mr Modi was received by Defence Minister Rajnath Singh at the Red Fort. The Prime Minister then inspected the Guard of Honour.
 
The Guard of Honour contingent for the Prime Minister consisted of one officer and 24 men each from the Army, Navy, Air Force and Delhi Police. This year, the Guard of Honour was commanded by Lieutenant Colonel Gaurav S Yewalkar.
 
Before coming to Red Fort, the Prime Minister paid homage to Father of the Nation Mahatma Gandhi at Rajghat.