Model Question and Answers for APSC | Data security has assumed significant importance in the digitised world due to rising cyber crimes. Justice B. N. 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 cyberspace?

Ans: Justice B. N. Srikrishna Committee Report, also known as the "Personal Data Protection Bill," is a comprehensive framework aimed at addressing data protection issues in India. The Report is undoubtedly an important step towards enhancing data security in the country. However, like any legal document, it has its strengths and weaknesses.

Strengths:

• Comprehensive Legal Framework: The Report provides a comprehensive legal framework for data protection, which is essential in the digital age where personal data is collected, processed, and shared by various organisations.

• Emphasis On Individual Rights: The Report emphasises individual rights to privacy and data protection. It recognizes the importance of informed consent and provides individuals with the right to access, correct, and erase their personal data.

• Data Localization: The Report recommends the storage of critical personal data within India, which is a step towards protecting the privacy of Indian citizens from foreign entities.

• Accountability: The Report proposes the establishment of a Data Protection Authority to ensure that organizations comply with data protection laws. This ensures accountability for organizations that handle personal data.

Weaknesses:

• Exemptions For Government Agencies: The Report allows government agencies to process personal data without the need for consent in certain circumstances. This could potentially compromise individual privacy and data protection.

• Ambiguity In Certain Provisions: Certain provisions in the Report, such as the definition of "sensitive personal data," are vague and could lead to confusion in their implementation.

• High compliance cost: The Report's compliance requirements could be expensive for small organizations, which could potentially discourage them from adopting the data protection framework.

Justice BN Srikrishna Committee Report is a significant step towards data protection in India. While it has its strengths, such as a comprehensive legal framework and emphasis on individual rights, it also has weaknesses such as exemptions for government agencies and ambiguity in certain provisions. Overall, it is important to balance the need for data protection with the practicalities of its implementation.