KS puttuswamy

Background Justice Srikirishna Committee

Meity - new Bill, act in 2023

accuracy

safeguards
obligations of data fiduciaries
inform DPBI in event of breach

erase data once purpose met

Obtain information about processing.

o Seek correction and erasure of personal data.

o Grievance redressal.
provides for
o Right to nominate a person to exercise rights
rights and duties of data principals in case of death or incapacity.

• Data principals must not register a false or

frivolous complaint and furnish any false
particulars.

• Violation of duties will be punishable with a

penalty of up to Rs 10,000.

financial penalties for breach

Prelims

collected in india

Repeal EC act applicability prcoessing of data outside india for goods and services in india
Background
appointment, conditions and transaction of personal processing
business of EC
does not apply
publically available by principal / lawful
Revise EC chapter and article 324 from obligation
laxmikant Present Process
essential for lawful processing
Committee of PM, LoP and CJI for appointment
of CEC and EC recommended by SC Anoop Barwal vs UoI case withdrawal possible
consent
Appointment by prez on selection committee not required for legitimate purposes
recommendation
child with disability - by guardian
If no LoP, then? Selection committee : PM, LoP, Union Minister
2y, reappointment
Cabsecy + 2 secretaries
data protection board of India appeal with TDSAT
Will prepare panel of 5 Search Committee
by center
Selection committee can look beyond this panel
Volume and sensitivity of personal data
Post equivalent to secy processed.
Qualifications of CEC and EC
Knowledge and experience in elections Features of Bill CEC and other EC bill o Risk to the rights of data principal
Features of the Act
6y , 65 age o Potential impact on the sovereignty and
based on factors, nominated by CG integrity of India
no reappointment Term
o Security of the State
EC and CEC aggregate is 6 years
o Risk to electoral democracy
Significant Data Fiduciaries
Same as cab secy Salary
o Public order

No change, revise from laxmikant Removal

Decided through majority
appoint data protection officer and
independent data auditor
Conduct of business
For notified agencies, in the interest of security,
sovereignty, public order, etc.;
SC order

Neutrality in selection Digital Personal Data Protection o For research, archiving or statistical purposes;
Issues Act 2023
o For start-ups or other notified categories of
looking beyond panel of 5
rights of principal and obligation of fiduciary Data Fiduciaries;
(except data security) will not apply in specific
impartial EC
cases o To enforce legal rights and claims;
Mains
Removal of EC
o Prevention and investigation of offences;

Involve all stakeholders including CJI

o To perform judicial or regulatory functions;
Way ahead exemptions
Seniority
o To process in India personal data of non-
residents under foreign contract.
More consultation needed
Central govt may exempt

Pendency process data to detriment of child

children fiduciary cannot
Timely justice, undertrials tracking, behavioural monitoring, targeted
BNS to replace IPC advertising
Conviction Rates
Why? BNSS to replace CrPC Reforming India's Criminal Laws cross border transfer allowed except for countries restricted
Evolving Criminal Justice System
BSB to replace IEA penalties specified
Colonial Legacy
may violate FR to privacy
indian law commission, 1834
safeguards inadequate outside india
IPC, 1860; amended many times background
no compensation - removal of 43A of IT act
new bill : simplification, relevance.
Limitations GRM - complicated
words, signs, electronics, financing Penalises 3 things
Removal of Sedition RTI exemption
7y to life
definition unclear
defines terrorism and terrorist acts Terrorism as offence Major Provisions Bhartiya Nyaya Sanhita 2023 Mains
no right to be forgotten / data portability

organised crime as a continuing unlawful

cross border
activity, singly or on behalf of syndicate

data rights
subjective interpretation
WF correct the limitations
misuse prevetion : define
policing powers Mains : issues

time specification
interpretation issues
read from magazine : GDPR vs DPDPA (page 7)
replaces CrPC

british parliament
General, by ECI, Article 324, State and union
41st Law commission, 1973 Background elections
Common electoral roll Currently : 2 types of rolls
talks about arrest, prosecution, bail for offences Aspects of Election Process and State election commission, article 243k(1),
Panchayat and Municipality
Criminal Laws Reform, report by DRSC on
first time offenders : 1/3 Personnel, Public Greivances, law Form 26 under conduct of election rules, 1961
undertrial detention and justice False Declarations during nominations
1/2 : release on personal bond
Bhartiya Nagrik Suraksha Sanhita 2023 false info punishable under section 125a of RPA
electronic mode trials
Parity between Minimum age of voting and
contesting elections Revise provisions
medical examination of the accused
Read recommendations from magazine (mains)
mandatory forensics for punishment ≥ 7 years

signs, finger impressions, handwriting, voice

from even non arrested person Revise from Laxmikant, read once from
No Confidence Motion magazine
timelines prescribed Major Provisions

trial in the absense of proclaimed offender

Defines mediation
death to life, life to 7 years stops political waivers
Voluntary pre litigation mediation Civil and Commercial suits

FIR regardless of location Polity (august) minors / unsound mind

Fair investigation : video recording of search
and seizure Not fit for mediation criminal prosecution

increase in detention period rights of third parties

repeal IEA Territorial jurisdiction of court, unless parties

agree for online mode
substantive, procedural and adjective law Background
120 + 60 days extension by consent
Admissibility of evidence in legal proceedings
Features Timeline rules of sc / hc
Electronic records as evidence
withdraw after 2 sessions
oral evidence Major Provisions Bharitya Sakshya Bill 2023
chairperson, 2 members with experience, 1 part
Establish MCI : promotion, regulation composition time member, and 3 ex officio members
confessions joint trials

Defines mediation service provider : recognised

electronic evidence : better justice delivery
by MCI, or LSA act 1987
Impact
piracy
Community mediation

Ordinance in 2023
SC case : 2023, 2018
Same as court
Enforcability
grounds : fraud, corruption, impersonation, not
Mediation Bill, 2023 challenge : 90 days fit for mediation only
Background

Read from laxmikant : Union Territories and Revise Static : ADR and types, acts adopted in
status of delhi, article 239, 239 AA india so far

Prin.Home secy, Chief secy, Delhi CM Composition regulation

NCCSA not adversarial

Advise to LG
Function
Quroum 2, Majority functioning burden on court
Need for bill think
outside Assembly competence singapore convention

Law cost reduction

Discretion
Mains time saving
NCCSA decisions
Powers of LG Provisions of the Act

peace and tranquility GNCTD act, 2023 Online mediation : digital divide

Delhi relation with CG, SC, states Conflict of interest with CG being biggest
Issues litigant
Ministers must submit matters
dissolution of assembly
International mediation not addressed
LG discretion matters
No liability for breach of confidence
controversy decisions in notice of LG Secretary duty

CG powers, SC case non profit under companies act, 2013

by ASCI
Triple Chain of Accountability voluntary self regulatory organisation
Issues
Discretion of LG extension to the Guidelines for Prevention of
Misleading Advertisements and Endorsements
for Misleading Advertisements, 2022.
Definition
Mains
Guidelines Department of consumer affairs
Various models are available
penalties under Consumer protection Act
Domain Demarcation
Way Forward upfront, prominent
Decentralised decision making
disclosure terms between advertiser and influencer
Enforcement powers to municipality

Guidelines for Celebrities and For all

use of terms
Influencers
conduct a review
do yourself :) news in shorts Due diligence
no misleading claims

Provisions disclose certification

Registrar general and census commissioner
under MHA Health Influencers
endorsements are not substitute for
professional medical advice
RGI by CG

investment advice only after SEBI reg,

Cheif, District and Registrar by states
Finfluencer
appropriate licences
birth or death reporting responsibility RBD act 1969
consumer decision making
Birth certificate without name of child
rising horizon
concurrent list
Registration of Birth and Mains Need
Amendment act 2023 social responsibility
RGI / chief registrar Database of birth and death

deceptive marketing
electronic certificates

linking of aadhar Amendments

connect databases

use of birth certificates

appeal within 30 days

sole conclusive proof of age issues