Necessity of flexible data protection law

September 13, 2018
data protection law

Presently, the greater segment of the society has the recourse to the latest technology. Often the access to various resources allows raise in the number of criminal activities as well. This is no different with respect to the advanced technology operating on the electronic media. The increased levels of cybercrimes have become a cause of great concern to the Government which works towards the protection of the users of the cyber-space.

Data & its Protection

Electronic platforms offer a wide capability of data storage and facilitation of its easier use. Data includes sensitive material like representation of information, facts, concepts, opinions, or instructions in a manner suitable for communication, interpretation, or processing by humans or by an automated system. The right to privacy is a fundamental right and it is of utmost importance to protect personal data of the individuals.

The cyber world remains threatened with the notorious activities such as data theft and hacking of the computer systems which takes place across the borders with the help of electric impulses. It is necessary to create a collective culture that fosters a free and fair digital economy, respecting the informational privacy of individuals, and ensuring empowerment, progress and innovation.

In order to control such illegal transmissions and safeguard the individual personal data, the Government on July 27, 2018, has proposed the introduction of Personal Data Protection Bill, 2018.

Industrial Concern [1]

Many industrial players in the market express their concern regarding the need for a flexible data protection regime which balances data localization and at the same time enable research and developmental activities as well as intellectual property creation.

The flouting of data privacy as observed in the recent case of data leakage by Facebook to Cambridge Analytica has created a havoc and raised insecurity amongst the individuals regarding their data safety. To mitigate such acts, number of countries worldwide are adopting for data protection legal framework such as General Data Protection Regime (hereinafter referred to as “GDPR”) the primary focus remains on the protection of individual data. In furtherance of the same, Indian government aims to opt for the Personal Data Protection Act, 2018. But in order to maintain greatest good and achievement of intellectual skills of highest grade, there remains a requirement of incorporating flexibility in such data protection laws.


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