On Tuesday, Vaishnaw said that the government would look to create a strong foundation to make India not only “stand shoulder-to-shoulder with the world but also to take the lead in emerging technologies such as semiconductors, telecommunications, and manufacturing among others”.
Sources in the IT ministry, where Vaishnaw took charge on Tuesday morning, said that the government would look to build on the policy work already done so far in the earlier term.
“Our consultative approach will continue. A lot of groundwork and policy feedback has gone into the initial internal drafts, whether for the Digital India Bill or the DPDP Act, the safeguards for AI, among others. We hope to build on that,” a senior government official said.
Stakeholders have expressed concerns on several aspects of the DPDP Act, such as the proposed constitution and composition of the data protection board, the sweeping exemptions given by the government to itself and the rules around the protection of child rights as notified under the Act.
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Tech policy experts have also raised concerns about the alleged widespread surveillance powers that the Act may enable, the transition period for startups and bigger companies as well as the definition of ‘legitimate use’ for processing of personal data without consent.The presence of a stronger Opposition in the Lok Sabha is also likely to result in a pushback against any version of the DPDP Rules which provides scope for unfettered expansion of the powers of the Centre, Anupam Shukla, partner at law firm Pioneer Legal said.
Though a new Parliament could see some pushback from the Opposition lawmakers, it does not necessarily mean that the Rules could see a complete overhaul, Software Freedom Law Center founder Mishi Choudhary said.
“However, these Rules are crucial for surveillance that the Opposition has complained about and seriously impact India’s reputation as a reliable IT leader in the world, so we would hope that these are up for reconsideration,” she said.
Businesses and startups will also need to be given sufficient time to put the necessary systems and processes in order, Ranjana Adhikari, a partner at law firm IndusLaw said.
“The obligations are stricter, and the data fiduciaries (person or group of persons in possession of personal data) have significant work to be done. Implementing the DPDP without a transition window would lead to inevitable non-compliance or significant impact on business owing to haphazard implementation,” she said.
