Source: The Hindu

Introduction

India's step towards data protection legislation with the Digital Personal Data Protection (DPDP) Act, 2023 is the direction of safeguarding individuals' privacy rights. However, amidst this laudable initiative, concerns loom over its potential ramifications on journalistic free speech. Unlike prior drafts, the final law eliminates exemptions for journalistic activities raising concerns over the freedom of press.

What is the Section of Digital Personal Data Protection (DPDP) Act, 2023 under Concern?

Section 37 of the DPDP Act: Power of Central Government to issue directions -

(1)The Central Government or any of its officers specially authorised by it in this behalf may, upon receipt of a reference in writing from the Board that—

a. intimates the imposition of monetary penalty by the Board on a Data Fiduciary in two or more instances; and

b. advises, in the interests of the general public, the blocking for access by the public to any information generated, transmitted, received, stored or hosted, in any computer resource that enables such Data Fiduciary to carry on any activity relating to offering of goods or services to Data Principals within the territory of India, after giving an opportunity of being heard to that Data Fiduciary, on being satisfied that it is necessary or expedient so to do, in the interests of the general public, for reasons to be recorded in writing, by order, direct any agency of the Central Government or any intermediary to block for access by the public or cause to be blocked for access by the public any such information.

(2) Every intermediary who receives a direction issued under sub-section (1) shall be bound to comply with the same.

(3) For the purposes of this section, the expressions “computer resource”, “information” and “intermediary” shall have the meanings respectively assigned to them in the Information Technology Act, 2000.

What is the Concern over Freedom of Press?

• In a realm where journalists meticulously navigate through layers of information to hold public figures accountable, the DPDP Act casts an unforeseen hurdle.
• Consider a scenario where a journalist delves into the activities of a Member of Parliament, unearthing significant data integral to public discourse.
• Yet, under the DPDP Act, accessing such information transforms into a labyrinthine process, necessitating prior consent from subjects even for factual reporting.
• Moreover, the Act's provision empowering governmental access to data processors further muddies the waters, jeopardizing journalists' obligation to protect their sources.

What is the Impact of Removal of Exemption for Press?

• The abrupt removal of exemptions for journalistic activities in successive drafts of the DPDP Act begs scrutiny.
• Despite being present in initial iterations, these exemptions vanished without a clear rationale, leaving stakeholders perplexed.
• The lack of transparency surrounding such crucial alterations underscores the imperative for a more inclusive and transparent legislative process.

What can be Potential Way Forward?

• Addressing these concerns mandates a multifaceted approach.
• Firstly, fostering an open and transparent public consultation mechanism stands paramount.
• The government's reluctance to divulge feedback on drafts impedes constructive dialogue, hindering the formulation of robust legislation.
• Additionally, leveraging the provisions within the DPDP Act to grant exemptions for journalistic entities emerges as a pragmatic solution.

Conclusion

At its core, the DPDP Act represents India's commitment to safeguarding individual privacy rights in an increasingly digitized landscape. By initiating a more transparent legislative process and enacting targeted exemptions, India can reaffirm its dedication to upholding democratic principles while navigating the complexities of the digital age.