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Today's Headlines - 29 July 2023
Jan Vishwas Bill passed
GS Paper - 3 (Economy)

The Lok Sabha on 27 July 2023 approved the Jan Vishwas (Amendment of Provisions) Bill, 2023, to enhance ease of doing business, decrease compliance burden for individuals and industry, and alleviate judicial load by decriminalising minor economic offences.

More about the Bill

Spearheaded by the Department for Promotion of Industry and Internal Trade (DPIIT), the Bill proposes to revise 183 provisions across 42 laws under 19 government ministries.
At present, existing laws contain clauses for imprisonment for minor and procedural defaults, as well as lesser fines and penalties.
This resulted in fear and mistrust towards the government. The intended changes of this proposed law aim to avoid unnecessary imprisonments and impose higher penalties and fines where necessary.
According to the Bill, offences will be decriminalised by either eliminating both imprisonment and/or fine; removing imprisonment while retaining or increasing fines; or changing imprisonment and/or fine to penalties.
Conversion of fines and penalties implies that court prosecution can be bypassed for punishment.
The government over the past nine years removed roughly 40,000 provisions and procedures, which had the potential to create problems for people.

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Today's Headlines - 08 August 2023
Personal Data Protection Bill,
2023 cleared
GS Paper - 2 (Polity)

The Lok Sabha on 7 August 2023 passed the Digital Personal Data Protection Bill, 2023, a first-ever legislation dedicated for digital privacy amid concerns of MPs regarding the removal of the data localisation mandate and increased government control.

More about the Bill

The Bill was passed with an amendment to a minor drafting error. Once the Bill comes into effect, all digital platforms will be required to obtain unconditional, free, specific, and informed consent from users for processing their data.
They will also need to issue a notice explaining the purpose of data processing and the rights of the users.
The government will appoint a data protection board, an independent body that will examine personal data breaches and impose penalties.
The latest version of the Bill does not mandate local storage of personal data, providing a major relief to big tech firms like Google, Meta, and Amazon.
The government may, however, notify a list of countries in future, where data cannot be transferred.
The Bill prescribes penalties of up to Rs 250 crore for each instance of a data breach arising from a lack of reasonable safeguards on platforms.
The government may block the operations of entities not complying with the law even after two instances of penalties. The draft Bill of the final version was released for public consultation in November 2022.
Models for data protection laws

The EU model:

The GDPR focuses on a comprehensive data protection law for the processing of personal data.
It has been criticised for being excessively stringent, and imposing many obligations on organisations processing data, but is the template for most of the legislation drafted around the world.
In the EU, the right to privacy is enshrined as a fundamental right that seeks to protect an individual’s dignity and her right over the data that she generates.

The US model:

Privacy protection is largely defined as a “liberty protection” — focused on the protection of the individual’s personal space from the government, and, therefore, is viewed as being somewhat narrow in focus by virtue of enabling the collection of personal information as long as the individual is informed of such collection and use. The US template has been viewed as inadequate in key respects of regulation.
Unlike the EU’s GDPR, there is no comprehensive set of privacy rights or principles that collectively address the use, collection and disclosure of data in the US. Instead, there is limited sector-specific regulation. The approach towards data protection in the US is different for the public and private sectors.

The China model:

New Chinese laws issued over the last 15 months on data privacy and security includes the Personal Information Protection Law (PIPL), which came into effect in November 2021. It gives Chinese data principal’s new rights as it seeks to prevent the misuse of personal data.
The Data Security Law (DSL), which came into force in September 2021, requires business data to be categorised by different levels of importance and puts new restrictions on cross-border transfers.
These regulations will have a significant impact on how companies collect, store, use and transfer data, but are essentially focused on giving the government overreaching powers to both collect data and regulate private companies that collect and process information.

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