Modi Govt Gave Big Push To Digital India — MeitY Must Focus On Robust IT Laws In This Term

With a new team at MeitY on the horizon, a major expectation lies on the Digital India Act front. A call for more robust IT laws is now more potent than ever. 

Lok Sabha election results are in, and while the National Democratic Alliance (NDA) bloc has secured a total of 292 seats, Prime Minister Narendra Modi-led Bharatiya Janata Party (BJP) fell 32 seats short of the majority mark with a win in 240 seats. With the 17th Lok Sabha dissolved, India is all set to get a new government and a new cabinet. All eyes are on the new government to see if it picks up from where it left off, or if there will be new people at the helm with new ideas and policies.

In the last 10 years of NDA rule, there was a big push towards the Digital India programme. Launched by the Modi government back in 2014, the Centre looked to “transform governance” by setting up a tech platform for administrative and decision-making processes.

With a new team at the Ministry of Electronics and Information Technology (MeitY) on the horizon, a major expectation lies on the Digital India Act front, which looks to protect 850 million Internet-connected Indians while upholding the principles of Digital India. 

A call for more robust IT laws is now more potent than ever. 

What’s The Status Of Digital India Act?

The MeitY announced plans for the Digital India Act (DIA) in March 2023, aiming to replace the dated Information Technology Act (IT Act) established in 2000.

The proposed legislation heralded as a response to the changing dynamics of the digital realm, underscores India's ambitions outlined in the Digital India Goals 2026 (MeitY, 2023). These goals envisage India's role as a 'significant trusted player in the global value chains,' alongside other strategic objectives. Central to the DIA's framework is the aspiration to ensure the Indian Internet remains open, safe, trusted, and accountable while safeguarding citizens' rights and mitigating risks stemming from emerging technologies.

DIA has the potential to have a great impact on the 'safe harbour' provision extended to online intermediaries. This provision, long afforded under the IT Act, could undergo substantial revisions under the proposed legislation, marking a pivotal shift in the regulatory landscape governing digital platforms and services.

With DIA, India has joined a global trend of increased scrutiny towards online platforms. This move mirrors efforts seen in other parts of the world, such as the European Union's Digital Services Act (DSA) and the UK's Online Safety Act.

What Will The Revamped MeitY Be Expected To Do?

Learnings From DPDP Act

The Government enacted the inaugural Digital Personal Data Protection (DPDP) Act in 2023, despite facing criticism along the way.

The passage of the Digital Personal Data Protection Bill of 2023 (DPDB 2023) was expedited through the parliamentary process, raising concerns about the depth of scrutiny it received. In the Lok Sabha, India's lower house of Parliament, the bill was approved in a mere 52 minutes, with just nine Members of Parliament participating. 

Transitioning to the Rajya Sabha, the upper house, the legislation saw a brief one-hour debate involving seven members before its passage. The Internet Freedom Foundation highlighted various shortcomings of the DPDB 2023, including issues with the consultation process, the lack of substantive debates, and concerns regarding the bill's provisions. 

Notably, criticisms focused on the significant powers granted to the Union Government, such as the authority to appoint members of the Data Protection Board, coupled with extensive exemptions for governmental entities.

DigiYatra Woes

Furthermore, scrutiny intensified over surveillance practices and non-consensual data collection, particularly concerning the DigiYatra program implemented in Indian airports. These controversies underscored the imperative for a more robust and transparent approach to data protection legislation. 

Suggestions for improvement include clearer definitions, eliminating contradictory clauses, and bolstering the independence of oversight bodies to mitigate potential abuses of power.

Implementing comprehensive tech regulations tailored to the challenges of the digital age presents a formidable undertaking for any nation. 

Given India's vast size and unique complexities, the journey toward effective data protection laws is anticipated to be lengthy and challenging. As the IT Act approaches its sunset, there is anticipation for significant shifts in the regulatory landscape, signaling the potential for transformative change ahead.