Editors Guild Raises Concerns Over The Impact Of Data Protection Act (Image: Pixabay)
The Editors Guild of India (EGI) has submitted a representation to the central government conveying “grave concerns” over the impact of the newly minted Digital Personal Data Protection Act (DPDPA), 2023, on journalistic activities. The Editors Guild has also asked the Centre to exempt journalists from certain stringent clauses of the DPDPA.
EGI has submitted a representation on the Digital Personal Data Protection Act, 2023, to @GoI_MeitY, Concerns include the absence of exemptions for journalistic activities and the implied need for consent for process any personal data in the course of news reporting. 1/2 pic.twitter.com/NZGKufAL41
— Editors Guild of India (@IndEditorsGuild) February 18, 2024
The apex body of journalists shared the letter, which was submitted to the Ministry of Electronics and Information Technology (MeitY), on its X handle on February 18. The Guild says that they are mainly concerned about the need for consent, under Section 7 of the Act, to process any personal data in the course of their journalistic activities. “The DPDPA, while a laudable initiative towards protecting the personal data of individuals, if applied indiscriminately to the processing of personal data in a journalistic context, will bring journalism in the country to a standstill,” said the Editors Guild in its letter. The apex body also said that this move will have a long-standing impact on the freedom of the press.
EGI said in its seven-page submission that the continued existence of the press enables the dissemination of news, thoughts, and opinions and ensures a free and fair democracy. Notably, the DPDPA requires data fiduciaries to meet various requirements, such as the provision of notice and obtaining consent and erasure, among others. Data fiduciaries are the persons, companies, and government entities who process data.
According to the Guild, only certain journalistic activities are covered under Section 7(a) of the DPDPA, which recognises voluntary provision of personal data by the data principal. EGI said that most other forms of journalism, including investigative journalism, general news reporting, and opinion pieces, are “remarkably absent” in the current list of legitimate uses.
The submission also highlighted the Srikrishna Committee”s note that mandating consent for processing such personal data would be unfavourable. Notably, the Centre appointed the 10-member Srikrishna Committee in 2017, under the chairmanship of Justice BN Srikrishna, to submit a detailed report on privacy and draft the Personal Data Protection Bill. “The requirement to provide notice and obtain consent would not only be impractical or infeasible but will likely defeat the purpose of the journalistic endeavour,” added EGI.
The Editors Guild of India also mentioned in its letter that India will be the sole modern democracy without an exemption for journalistic activities and added that it could severely impair the fourth pillar of democracy. EGI also pointed out the World Press Freedom Index maintained by Reporters Without Borders, in which India is ranked 161 out of 180 nations currently. The apex body also said that if journalists are required to adhere to the various prerequisites to processing personal data under the Act, it would “inevitably disrupt” journalistic reporting in India.
“We strongly urge the Ministry of Electronics and Information Technology (Ministry) to ensure that processing for journalistic purposes is exempted from the application of the DPDPA,” said EGI in its submission. The Editors Guild said that the absence of exemption will have a necessarily adverse impact on the right to freedom of speech and expression and the right of journalists to carry on their occupation.
