News & Media

The Digital Personal Data Protection Bill (DPDP) may give advisory powers (under clause 37(1)) to the Data Protection Board (DPB) to recommend (if the board notices two or more instances of rule breaches by a platform) to the centre to either have the content taken down, or intermediary access blocked in “public interest.”

The Board may impose a monetary penalty and every intermediary who receives such a direction shall be bound to comply with the takedown orders.

While the industry believes the DPDP bill is mainly on removing personal data made public intentionally or unintentionally by the data fiduciaries, it is disproportionate since the Bill’s premise is to safeguard digital personal data of individuals, while the clauses related to information takedown are usually for ensuring national security, public order, et al – that is, in the interest of the general public.