Law & Justice
Centre Will Amend DPDP Act Rules to Protect Journalists, Says Government
By TNN
The government said it is willing to change the rules of the Digital Personal Data Protection (DPDP) Act and, if needed, the law itself to prevent the act from becoming a barrier for journalists and media houses. Senior officials from the Ministry of Electronics & Information Technology explained that the sections of the law that have been flagged as violating the constitutional guarantee of freedom of speech and expression apply only to data fiduciaries – entities that keep and control data – and do not cover journalists. "The rules can always be amended to allay any concern on that count. The rules have the same power as the law. If necessary, we can go a step further to change the law itself," the officials said. The DPDP Act was justified on the basis of citizens’ right to privacy, the need to protect data and the obligations placed on data fiduciaries. The government’s response came after the Supreme Court agreed to hear a challenge filed by the Digital News Publishers Association (DNPA), which represents 21 of India’s leading news organisations. The DNPA argued that the act and its rules violated the fundamental right to freedom of speech and expression and threatened journalistic activity. Officials said that the concern about the act becoming an impediment for journalists will be addressed by carving out exemptions for them in the rules and, if necessary, in the law itself. I&B Minister Ashwini Vaishnav clarified that Section 7 of the DPDP Act applies to data fiduciaries such as banks, telecom providers and insurance companies, and media does not fall within its ambit. He added that the government is committed to upholding constitutionally guaranteed rights to freedom and expression. Section 7 states that a data fiduciary may process the personal data of a data principal for the specified purpose for which the data principal has voluntarily provided the data and has not indicated that it does not consent to the use of that data.
Frequently asked questions
Does the DPDP Act apply to journalists?
No, the DPDP Act applies only to data fiduciaries such as banks, telecom providers, and insurance companies; media does not fall within its ambit.
What does Section 7 of the DPDP Act state?
Section 7 allows a data fiduciary to process a data principal’s personal data for a specified purpose if the data principal has voluntarily provided the data and has not indicated that they do not consent to its use.
What action is the government taking to protect journalists under the DPDP Act?
The government says it will amend the DPDP Act rules, or if necessary the law itself, to exempt journalists from the obligations that apply to data fiduciaries.