Latest Updates on Privacy – December, 2021 – Part I

This is a rundown of last week’s news updates on Privacy:

Joint Parliamentary Committee submits report on Data Protection Bill

The Joint Parliamentary Committee on Personal Data Protection Bill has submitted its report suggesting several changes including dropping the word “personal” from the name of the Bill to imply that the Bill also deals with non-personal data. The JPC has retained the section that confers the Central Government the power to exempt any government body from the application of the law citing ‘just, fair, reasonable and proportionate procedure’. The Committee has suggested that sensitive personal data could be transferred to a foreign government subject to the approval by the Central Government, in contrast to the earlier draft of the Bill that prohibited such transfers.

Central Government submits right to be forgotten under right to privacy

The Central government has submitted an affidavit before the Delhi High Court stating that the right to be forgotten comes under right to privacy. The affidavit was filed in a case filed by two businessmen seeking removal of court orders from certain online platforms, stating that the High Court may pass orders for such removal. The government added that the right to be forgotten has been incorporated in the Data Protection Bill.

Data from ‘Poshan’ tracker not to be made public

The Central Government has told the Parliament that the data from ‘Poshan’ tracker will not be made public to protect the privacy of women and children. ‘Poshan’ tracker refers to the nutrition tracker launched by the government under the Poshan Abhiyan to monitor delivery of services at anganwadi centres and record nutritional indicators. The website contains details regarding the number of vaccinations, delivery of meals and attendance on a daily basis but the details of the beneficiaries such as their nutrition level is not available.

Amazon exempted from extra fines for violation of European Union privacy rules

A Luxembourg court has held that tech giant Amazon is not required to pay the daily fines that were imposed by the Luxembourg National Commission for Data Protection in July 2020. The fine was imposed in light of violation of EU’s General Data Protection Regulation by the company that did not seek consent before using people’s personal data. However, the court allowed exemption from the daily fines citing that the company was not given clear instructions by the Commission regarding the compliance with its directives.
Authored by Rohan Jacob (Associate) and Maalavika S M (Intern).

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