Data protection bill will lead to surveillance of journalists, citizens: Editors Guild of India

Delhi services bill in Rajya Sabha today; Congress, AAP issue whip to MPs

The Editors Guild of India has requested Lok Sabha speaker Om Birla to send the Digital Personal Data Protection (DPDP) Bill, which is to be taken up by the lower house on August 7, to a parliamentary committee, saying it "carries provisions that can adversely impact press freedom".

The media industry body on August 6, three days after the bill was tabled in the Lok Sabha, also urged the Ministry of Electronics and Information Technology to reconsider provisions such as exemptions for the government and amendment to the Right to Information (RTI) Act and "work to offer a data protection legislation to Indian citizens that does not compromise their right to free expression, right to information and right to a free press".

The criticism by the Editors Guild marks the latest opposing voice against the legislation, which is set to be taken up for passing in the Lok Sabha on August 7.

The government on August 3 introduced the bill amid protests from the Opposition, which alleged the bill violated the Right to Privacy. It, too, has demanded that the bill be sent to the Parliamentary Standing Committee on IT and Communications for further deliberation.

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"We are deeply concerned about the lack of exemptions for journalists from certain obligations of the law, where the reporting on certain entities in public interest may conflict with their right to personal data protection," the Editors Guild said in a statement.

The Justice Srikrishna Committee, the panel which had drafted the country's first data protection bill in 2018, had noted that if "journalists were made to adhere to grounds of processing personal data, it would be extremely onerous for them to access information", it said.

The guild also highlighted its concerns over the proposed exemptions to state agencies. "We note, with dismay, that while the Bill, ostensibly to promote data protection, has failed to make any provisions that bring about the surveillance reform that is urgently needed, and in fact creates an enabling framework for surveillance of citizens, including journalists and their sources," the body said.

The Editors Guild also brought attention to the amendments to the RTI Act (required under the DPDP Bill), saying it would weaken the legislation.

It urged the government to ensure the independence of the Data Protection Board, the country's data protection regulator under the bill.

" While exemptions provided to the government and its instrumentalities are near-absolute, the Data Protection Board to be constituted thereunder has not been provided sufficient independence and rulemaking powers," the body said.