Draft data bill allows processing pvt data sans consent

The Personal Data Protection Bill, 2019, will allow processing of private data without the consent of the owner of the information for credit scores, debt recovery, security, operation of search engines and whistle blowing.

The bill, which aimed at protecting the personal data, is likely to tabled in Lok Sabha soon.

Though the bill bars storing and processing of personal data by entities without the explicit consent of an individual, also gives exemptions for "prevention and detection of any unlawful activity including fraud, whistle blowing, merger and acquisitions, network and information security, processing of publicly available personal data, and the operation of search engines."

However the legislation provides for stringent ground rules for processing of personal and sensitive information of children, while mandating the processing of 'critical' personal data only in India.

Data data concerning health services and for complying with any law or court orders can be processed without the consent of the owner, the draft bill said.

The draft data protection bill proposal to set up of an authority for protecting personal data and also prescribes stiff penalties for violation of various provisions.

Further, social media entities with user base above a certain threshold and whose "actions have, or are likely to have a significant impact on electoral democracy, security of the State, public order or the sovereignty and integrity of India," will be notified as 'significant data fiduciary'.