Proposed data protection board may be able to block content on Internet

The Data Protection Board, will be India's data protection regulator under the Digital Personal Data Protection Bill

In what could complicate matters for social media and other platforms, the upcoming Data Protection Board under the Digital Personal Data Protection (DPDP) Bill, may be empowered to block content.

If this comes into fruition, platforms will have to deal with yet another regulator or government body which can issue blocking orders. As of now, blocking orders are issued under the IT Act, IT (Blocking) Rules, and under certain provision of the Indian Penal Code.

This was also earlier reported by Moneycontrol about major changes expected in the revised DPDP Bill that is set to be tabled in the Parliament on August 3 by Minister for Electronics and Information Technology Ashwini Vaishnaw.

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According to sources, the DPB may block access to any public information hosted on any 'computer resource' if it is 'satisfied that it
is necessary or expedient so to do'. The reasons have to be recorded in writing.

"This will very definitely be a source of concern for platforms. However, one of the major issues with blocking orders has been regarding the lack of transparency. One would hope, that since the DPB will have to provide reasoning for blocking content, it would help in increasing transparency," a source said.

Another major change in the new version of the bill is regarding the countries where data will be allowed to be transferred from India. In the earlier version, the bill had said that it will "notify countries or territories outside India to which a data fiduciary may transfer personal data", or in other words a 'white list' approach.

In contrast, in the new bill, it is expected that the Union government may, by notification, restrict the transfer of personal data by platforms to a particular country, or in other words, a 'black list approach'.

The Telecom Dispute Settlement and Appellate Tribunal (TDSAT) may be established as an appellate body over the Data Protection Board.