Lok Sabha Question No. 503 (UNSTARRED), answered on 2017-12-19
Subject: Privacy of Citizens
Ministry: HOME AFFAIRS
Asked by: KIRIT SOMAIYA, MEKAPATI RAJAMOHAN REDDY

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 503

TO BE ANSWERED ON THE 19 th  DECEMBER, 2017 /AGRAHAYANA 28, 1939 (SAKA)

PRIVACY OF CITIZENS

503. DR. KIRIT SOMAIYA: SHRI M. RAJA MOHAN REDDY:

Will the Minister of HOME AFFAIRS be pleased to state:

(a) whether the Government is aware about the random breach of privacy of the citizens  in  the  country  through  gathering  individual  information  by  private organizations and if so, the details thereof;

(b)  whether  there  is  no  appropriate  law  in  the  country  to  protect  individual privacy and if so, the reaction of the Government in this regard;

(c) whether the Government will constitute an expert committee to define what should be included under the right of privacy so that an appropriate law can be enacted and if so, the details thereof;

(d) whether it is not necessary to prevent private organizations from accessing the information of an individual without his consent;

(e) if so, the reaction of the Government in this regard; and

(f)  the  reaction  of  the  Government  on  the  verdict  pronounced  unanimously  by the nine-judge bench of the Supreme Court on privacy as a fundamental right?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI HANSRAJ GANGARAM AHIR)

(a) to (f): Madam, The Information Technology Act, 2000 has been enacted to promote   efficient   delivery  of   Government  services  by  means  of  reliable

## L.S.US.Q. 503 FOR 19.12.2017

electronic  records,  legal  recognition  for  transactions  carried  out  by  means  of electronic  data  interchange  and  other  means  of  electronic  communication. Section  43,  Section  43A,  Section  72  and  Section  72A  of  the  Information Technology Act, 2000 provides for privacy and security of data in digital form.

Ministry of Electronics and Information Technology has set up a Committee of Expert under the Chairmanship of Justice (Retd.) B N Srikrishna to work out a Data  Protection  Bill.    The  Mandate  of  the  Expert  Committee  is  to study  various  issues  relating  to  data  protection  in  India  and  make  specific suggestions  on  principles  to  be  considered  for  data  protection  in  India.  The Committee  has  prepared  a  White  Paper  on  'Data  Protection  Framework  for India',  which  has  been  published  on  Ministry  of  Electronics  &  Information Technology website (http://www.meity.gov.in/white-paper-data-protectionframework-india-public-comments-invited) soliciting public comments by 31.12.2017 on all issues related to protection of personal data.

The Government welcomes the judgement pronounced by Hon'ble Supreme Court in the 'Privacy Case', upholding the Right to Privacy as one protected by Article 21 of the Constitution of India.  The Government has been ensuring the necessary safeguards in its legislative proposals, which had been approved by Parliament.

## L.S.US.Q.NO.503 FOR 19.12.2017

The judgement of the Hon'ble Supreme Court strengthens the Fundamental Rights  and  personal  liberty,  and  recognises  that  personal  liberty  is  not  an absolute right but liable to the restrictions provided in the Constitution which will be examined on a case to case basis. The Government is of the view that its legislations  are  compliant  with  the  tests  laid  down  in  the  judgement.  The Government  is  also  committed  to  maintain  a  careful  and  sensitive  balance between individual interests and legitimate concerns of the State.

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