23 Jan 2024

Daily practice questions for CLAT - (23 Jan 2024)



Data protection, while ensuring individual privacy and spelling out the state’s surveillance powers are the need of the hour. The finalisation of the data protection Bill is a step in that direction. The Joint Committee of Parliament (JCP) adopted the final report on the Data Protection Bill, marking a milestone for India, the largest open internet market in the world that has been trying to frame a privacy Bill for over a decade. India has nearly 800 million internet users and is the biggest market for many Big Tech firms, including Google, Meta (formerly Facebook), and WhatsApp. The country’s laws have, however, not been able to catch up with massive strides in technology and its umbrella Information Technology Act, 2000 does not even contain the words internet or smartphone. Data protection, ensuring individual privacy, and clearly spelling out the state’s surveillance powers are sorely needed, and Bill’s finalisation is a big step in that direction. Any data that has not been defined as personal is considered non-personal data. It can be an anonymous, de-personalised data set held by the government, a not-for-profit, or a large corporation for instance, a data set by Google on how many people take a particular form of public transport on a given route at a specific time each day, or how many people in a locality order what kind of food during the weekends. These are data sets that are stripped of personal identifiers. The Committee has given the government the right to frame legislation around non- personal data and has allowed it to ask for any non-personal data from any data fiduciary. It has been said that a single Data Protection Authority will regulate both personal as well as non-personal data. Experts feel personal and non-personal data should have been kept separate. The government may also get overarching powers by including non-personal data in the Bill. The report has clearly stated that the IT Act has not been able to regulate social media platforms adequately. It has recognized the immediate need to regulate social media intermediaries. It says all social media platforms that do not act as intermediaries should be treated as publishers and be held accountable for the content they host. It has also been said that no social media platform should be allowed to operate in India unless the parent company sets up an office in the country and that a body on the lines of the Press Council of India should be set up to regulate them.

Question1:- The Data Protection Bill, 2019 is to fill the gaps of which of these legislations?
  • A. Information Technology Act, 2000
  • B. Data Protection Act, 2018
  • C. Mediation Bill, 2021
  • D. Election Laws (Amendment) Bill, 2021
Answer is A is correct. The Information Technology Act is an umbrella legislation that does not even contain the words internet or smartphone. To cover the gaps in this legislation, this bill is introduced. Hence, A is the correct answer.
Question2:- What are the criticisms of this bill?
  • A. The government has the right to regulate both personal and non- personal data
  • B. The government may get overarching powers by including non-personal details of an individual under its ambit
  • C. Both A and B
  • D. There is not a clear timeline for the implementation of this bill
Answer is C is correct. There are some accompanying criticisms of this Bill. Experts say that the government has been given the power to regulate both personal and non-personal identity. This might enable the government to encroach upon the citizen’s privacy. D is false as a timeline for its implementation has been laid out. Hence, C is the correct answer.
Question3:- Ample is a social media intermediary that wishes to operate in India. What is the one prerequisite in order to operate in India?
  • A. It has to sign an undertaking with the Government of India that it will comply with the guidelines
  • B. The parent company has to set up an office in India to be able to operate in the country
  • C. 15% of their profits has to be given to the government in the form of capital tax
  • D. The data has to be end-to-end encrypted to ensure the privacy of citizens on these platforms
Answer is B is correct. The committee has said that social media intermediaries will be held accountable for the content that they post and no platform will be allowed to operate unless its parent company is in India. Hence, B is the correct answer.
Question4:- Privacy was held to be a constitutionally preserved right in which judgment?
  • A. A.K Gopalan v State of Madras
  • B. Kesavananda Bharati v State of Kerala
  • C. Maneka Gandhi v Union of India
  • D. K.S. Puttaswamy v Union of India
Answer is D is correct. It was held in this case that the right to privacy is a constitutionally protected right in India and is incidental to other freedoms guaranteed by the Indian Constitution. Hence, D is the correct answer.
Question5:- What is the underlying belief of the government with which the bill has been introduced in the first place?
  • A. The individual’s privacy is of utmost importance and cannot be compromised upon in any case
  • B. The state has to intervene at times to settle matters but it has to be minimal and justifiable
  • C. Citizens are state subjects and can be allowed only a limited area of freedom that can be curtailed as and when the state desires
  • D. The state’s surveillance powers are sorely needed though due regard has to be given to individual privacy
Answer is D is correct. Data protection, ensuring individual privacy, and clearly spelling out the state’s surveillance powers are sorely needed, and the Bill’s finalisation is a big step in that direction.