Protecting Citizens From the State Post Puttaswamy: Analysing the Privacy Implications of the Justice Srikrishna Committee Report and the Data Protection Bill, 2018

14(2) Socio Legal Review 143-169 (2018)

27 Pages Posted: 11 Oct 2018 Last revised: 9 Jul 2019

See all articles by Vrinda Bhandari

Vrinda Bhandari

Independent

Renuka Sane

National Institute of Public Finance and Policy

Date Written: September 19, 2018

Abstract

In this paper we seek to conceptualize the right to privacy and its implications from the State and private actors, post the Puttaswamy judgment. We then examine the draft Personal Data Protection Bill, 2018 submitted by the Justice Srikrishna Committee and evaluate how it has fared in regulating the actions of the State relative to the private sector, with a broad focus on consent, surveillance, and the interaction between the State and private sector including the ability of the latter to deny data requests of the former. Finally, we emphasize the implementation challenges of a legislation given the weak state capacity in India, focusing on regulation making and enforcement, and highlight that both give substantial power to the State (as regulator) over its regulated entities. We argue that considering the privacy concerns against State action, the challenge to implementation in the area of personal data may only get exacerbated.

Keywords: Privacy, Puttaswamy, Justice Srikrishna, Data Protection, Personal Data Protection Bill, 2018,India, State Capacity, Regulation

JEL Classification: K10, H10, Z18, K40

Suggested Citation

Bhandari, Vrinda and Sane, Renuka, Protecting Citizens From the State Post Puttaswamy: Analysing the Privacy Implications of the Justice Srikrishna Committee Report and the Data Protection Bill, 2018 (September 19, 2018). 14(2) Socio Legal Review 143-169 (2018) . Available at SSRN: https://ssrn.com/abstract=3251982

Vrinda Bhandari (Contact Author)

Independent ( email )

No Address Available
United States

Renuka Sane

National Institute of Public Finance and Policy ( email )

18/2, Satsang Vihar Marg
New Delhi, 110067
India

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