Data security has assumed significant importance in the digitised world due to rising cybercrimes. The Justice BN Srikrishna Committee Report addresses issues related to data security. What, in your view, are the strengths and weaknesses of the Report relating to protection of personal data in cyber space? (250 words):-
Data security refers to protective digital privacy measures that are applied to prevent unauthorised access to computer, databases and websites. Recently, Justice BN Srikrishna Committee submitted its report on data protection along with draft data protection bill. With progress in the field of digital world the privacy, safety and security of data is one of the major concerns. This committee was formed to look into the matter protection of data and providing a framework for regulation of data.
The Bill sets out certain rights of the individual which could be vaunted as its strengths.
(i) Right to obtain confirmation from the fiduciary on whether its personal data has been
processed.
(ii) Right to seek correction of inaccurate, incomplete, or out-of-date personal data, and
(iii) Right to have personal data transferred to any other data fiduciary in certain circumstances.
Weaknesses of the bill-
Exemptions from compliance with its provisions, for certain reasons including state security, prevention, investigation, or prosecution of any offence, personal, domestic, or journalistic purposes.
The Bill recommends heavy penalties for private sector’s breach of data privacy laws but adopts a lenient stand regarding the state’s infractions.
Provisions of bill treating violations as criminal offences along with fine and compensation is excessive and could impact the enforcement mechanism greatly.