SriKrishna Committee Exempted Govt from Personal Data Processing

SriKrishna Committee Exempted Govt from Personal Data Processing under Draft Personal Data Protection Bill 2018. Therefore, SriKrishna committee has also expand the definition of sensitive personal data and data processing

Introduction :-

• The government may be exempted from certain rules applicable to the collection and storage of personal and sensitive data if such processing is required for the functioning of the government or Parliament, as per the draft Personal Data Protection Bill.
• The Srikrishna Committee on data privacy recommended exemptions also if such processing of data is important to the benefit of a person or required during any breakdown of public order.

What does the draft bill define the personal data ?

The bill has expanded the definition of sensitive personal data to 13 types, compared with only five earlier. These include passwords, data relating to finances, health, sexual orientation, sex life, biometrics, genetics, transgender status, intersex status, caste or tribe, religious or political beliefs.

What are laws made under the draft bill ?

The draft bill mandated that processing of personal data cannot be done without informed and clear consent. This consent can be withdrawn by the person whose data it is. And any company processing personal data would have to establish that consent was given by the person but not in certain circumstances like the bill mentions :-

• It states that personal and sensitive data may be processed by the State if such processing is necessary for any function of Parliament or any State Legislature, for the exercise of any function of a State authorised by law for the provision of any service or benefit to the person from the State, or for issuance of any certification, license or permit.
• It also states that personal and sensitive data can be processed to respond to any medical emergency involving a threat to life or health, and to undertake any measure to provide medical treatment or health services to any individual during an epidemic, outbreak of disease, or any other threat to public health.
• Data can also be processed to undertake any measure to ensure safety of, or provide assistance or services to, any individual during any disaster or any breakdown of public order. 

What does the processing of data means in this bill ?
The draft bill defines the processing of data as collection, recording, organisation, structuring, storage, adaptation, alteration, retrieval, use, alignment or combination by transmission, dissemination or otherwise making available, restriction, erasure or destruction.