The Data Protection Bill Enables Surveillance Says Editor’s Guild

The Editors' Guild of India has raised concerns that the proposed Data Protection Bill could impose a negative impact on press freedom, positing that it may pave the way for a surveillance framework targeting citizens, including journalists and their sources.

"We note, with dismay, that while the Bill, ostensibly to promote data protection, has failed to make any provisions that bring about the surveillance reform that is urgently needed, and in fact creates an enabling framework for surveillance of citizens, including journalists and their sources," the Guild asserted.

The Guild has called on Lok Sabha Speaker Om Birla to refer the Bill to a parliamentary standing committee. It has also penned its concerns to Prime Minister Narendra Modi, Rajya Sabha Chairman Jagdeep Dhankar, IT Minister Ashwini Vaishnav, and the leaders of various political factions in Parliament.

"This will lead to a chilling effect on journalistic activity in the country," the Guild cautioned.

The government introduced the Digital Personal Data Protection (DPDP) Bill in the Lok Sabha on August 3. The proposed legislation aims to safeguard the digital privacy of Indian citizens by suggesting a penalty of up to Rs 250 crore on entities misusing or failing to protect digital data of individuals.

This follows the Supreme Court's 2017 assertion that the right to privacy is a fundamental right of an Indian citizen.

The Guild has spotlighted contentious aspects of the DPDP Bill, in particular, Section 36. They note that under this provision, the government could compel any public or private entity to furnish personal information about citizens, including journalists and their sources.

Furthermore, there's controversy around Clause 17 (2) (a) that enables the state government to issue a notification exempting any instrumentality of the state from the Bill's provisions. This effectively allows any government entity to bypass data protection restrictions, encompassing internal sharing and processing of data.

Section 17(4) also potentially empowers the government and its agencies to retain personal data for an indefinite period.

The Guild expressed its deep concern about the absence of exemptions for journalists from certain obligations of the law. They highlighted potential conflicts arising when reporting in the public interest might interfere with the rights to personal data protection.

The Guild drew attention to the Justice Srikrishna Committee, which had provided a framework that balanced personal data protection and public interest. They asserted this balance is lacking in the current Bill.

Whilst the Guild has flagged concerns about the Bill's content and emphasised the necessity for it to be independent from the government, the government has scheduled the DPDP Bill for consideration and passage in the Lok Sabha on Monday.