Srikrishna panel wants changes to data processing

Justice B N Srikrishna talks to media after giving a report on 'Data Protection Framework' to Union Law Minister Ravi Shankar. Pic/PTI

Citing flaws in the current consent mechanism in the digital world, the Justice Srikrishna panel on data protection has recommended sweeping changes to this framework to make data collectors liable for harm caused to an individual "as if the consent form were a product".

The panel has suggested a revamp in the consent mechanism under the new data protection framework, asserting that consent has to be free, informed, specific, clear and capable of being withdrawn, for it to be valid.

The "opacity" of consent and data sharing on the internet today is the foundation of several fears of data protection, the panel noted. "However, the law will adopt a modified consent framework which will apply a product liability regime to consent thereby making the data fiduciary liable for harms caused to the data principal," the panel said in its recommendations.

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