Q19 · UPSC Civil Services Mains 2018 · GS III · 15 marks · 4 min read

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Data security has assumed significant importance in the digitized world due to rising cyber-crimes. The Justice B. N. Srikrishna Committee Report addresses issues related to data security. What, in your view, are the strengths and weaknesses of the Report relating to protection of personal data in cyber space? (250 Words, 15 Marks).

Topic: Cyber Security and Money Laundering. Syllabus: Challenges to internal security through communication networks, role of media and social networking sites in internal security challenges, basics of cyber security; money-laundering and its prevention. Same official PYQ from year-wise 2018 and Cyber Security and Money Laundering.

Revision summary

The 2018 Srikrishna Committee drafted a Personal Data Protection Bill after the Puttaswamy privacy judgment. Strengths are fiduciary duties, consent and purpose limits, user rights, a DPA with penalties, and a localisation push for enforcement. Weaknesses are broad State exemptions, weak real consent, start-up costs of localisation, and an incomplete surveillance reform. A DPA that is not independent cannot police either Big Tech or the government. Cyberspace protection needs the State under the same law as the company.

Model answer

Flow diagram

flowchart TD
  P[Puttaswamy privacy] --> R[Srikrishna Report 2018]
  R --> RG[User rights consent fiduciary]
  R --> DPA[Data Protection Authority]
  R --> W[State exemptions localisation gaps]
  RG --> PROT[Personal data in cyberspace]
  DPA --> PROT
  W --> PROT

Conclusion

  • Pass a data law whose State exemptions are narrow, listed, and reviewable, not a second Official Secrets net.
  • Pair it with surveillance and encryption rules that a court can test.
  • Make the DPA as independent as a regulator that can fine a ministry’s vendor, not only a start-up.
  • Use localisation only for truly critical data, with security investment, not as a slogan.
  • Treat consent plus duty of care (fiduciary fairness) as the daily tool against cyber misuse.

The Srikrishna Report’s strength is a rights-based fiduciary statute, a regulator, and a serious draft after Puttaswamy. Its weakness is a State that can step outside those rights, an unfinished surveillance debate, and localisation that may cost more than it protects. Personal data in cyberspace will be safer when the law binds government as tightly as it binds the platform.

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More from this topic

Q19 · UPSC Mains 2022 · GS III · 15 marks

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