Dr.Srinivasa Raju

Analysis of the Draft Digital Personal Data Protection Bill, 2022 The following are the potential concerns that need to be addressed: i. Bill didn't Defined exact timelines  – The Bill seeks to impose certain obligations on data fiduciaries, however, without providing a timeframe.  Some of the examples include  the lack of deadline for deleting personal data (in case of withdrawal of consent),  lack of timeline for the Board to adjudicate on a complaint,  no deadline for the data fiduciary to erase personal data once the intended purpose is served, etc. ii. Under the guise of giving Wide definition of public interest – wide range of powers to data fiduciary.   One of the major concerns in the draft Bill is the vast definition of the term “public interest” for contemplating “deemed consent”. For some reason, this definition includes search engine optimization (or operation of search engines) and “any fair and reasonable purpose,” which includes “any public i...

What health related laws need to be made or amended?   1— Health as a fundamental right - -The Supreme Court has held that as per the extended definition / scope of Article 21 of the Constitution, health is a fundamental right. The Parliament should pass an amendment to the Constitution on the lines of the 86th Constitutional Amendment (2002) whereby Article 21A was inserted which states: “The State shall provide free and compulsory education to all children of 6 to 14 years in such manner as the State, may by law determine.”   The amended Article may state--“The State shall provide free / moderately priced health services to all citizens / legal residents.”   2— Central law on violence against doctors --At present, there are about 17 states which have their own state laws against violence towards doctors. For example, the Delhi state law is titled—“Delhi Medicare Service Personnel and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2008...