“Data fiduciary” means any person, including the State, a company, any juristic entity or any individual who alone or in conjunction with others determines the purpose and means of processing of personal data Of the RTI Act [rather than section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information The definitions of the Data Protection Bill appears to be more relevant and important when read with section 8(1)(e) “any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph.”Ĥ. European General Data Protection Regulation applicable from 25th of May, 2018 across all its member states:Īny information relating to an identified or identifiable natural person (‘data subject’) an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.Some of the comparative definitions used by other countries on the subject are as follows: Section 2(29) “Personal data” means data about or relating to a natural person who is directly or indirectly identifiable, having regard to any characteristic, trait, attribute or any other feature of the identity of such natural person, or any combination of such features, or any combination of such features with any other information ģ. The proposed definition of Personal Data given in the Bill on Personal Data Protection Act, 2018, is as follows:.
#Section 10 of rti act free
WHEREAS it is necessary to create a collective culture that fosters a free and fair digital economy, respecting the informational privacy of individuals, and ensuring empowerment, progress and innovation ĪND WHEREAS it is expedient to make provision: to protect the autonomy of individuals in relation with their personal data, to specify where the flow and usage of personal data is appropriate, to create a relationship of trust between persons and entities processing their personal data, to specify the rights of individuals whose personal data are processed, to create a framework for implementing organisational and technical measures in processing personal data, to lay down norms for cross-border transfer of personal data, to ensure the accountability of entities processing personal data, to provide remedies for unauthorised and harmful processing, and to establish a Data Protection Authority for overseeing processing activities Ģ. WHEREAS the growth of the digital economy has meant the use of data as a critical means of communication between persons WHEREAS the right to privacy is a fundamental right and it is necessary to protect personal data as an essential facet of informational privacy The objective of the Personal Data Protection Act, 2018, as to why it is being enacted, is described in the preamble of the Act, is as under:. Let us take a look at the draft provisions and and the proposed amendments in the RTI Act, 2005.ġ. Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: The Srikrishna Committee has prepared a draft Data Protection Bill which has raised anxiety among the RTI activists as it seeks to amend the section 8(1)(j)
Section 8 (1)(j) of the RTI Act to be amended by the Personal Data Protection Act, 2018 28 Jul, 2018
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