How do draft data protection rules balance individual privacy with national security?

The draft data protection rules in India aim to create a balance between safeguarding individual privacy and addressing national security concerns. With the increasing digitization of data, there is a need to protect citizens’ personal information while also enabling the government to act in the interest of national security, public order, and law enforcement.

• Consent and Data Minimization: The draft rules emphasize that personal data should be collected with the informed consent of individuals and only for specific, lawful purposes. This protects privacy by limiting unnecessary data collection.
• Purpose Limitation: Data collected for a particular purpose cannot generally be used for other purposes, unless there is a legal basis, such as national security or public order.
• Exemptions for Security: The rules provide certain exemptions for government agencies. For example, data processing by the State can be exempted from some privacy protections if it is necessary for national security, sovereignty, or public order, subject to reasonable restrictions.
• Data Localization: Some versions of the draft propose that critical personal data must be stored within India. This helps ensure that law enforcement and security agencies can access data when needed for national security investigations.
• Oversight and Accountability: The rules propose the creation of a Data Protection Board to oversee data processing activities. Even when exemptions are applied for national security, the use of data is intended to be subject to oversight to prevent misuse.
• Proportionality Principle: The draft rules require that any restriction on privacy for security reasons must be proportionate, necessary, and based on law. This ensures that individual rights are not violated arbitrarily.
• Transparency: The government is expected to issue notifications and provide reasons when exemptions are invoked, which increases transparency and trust.