Experts group pushes for new law to cover public, pvt sector privacy

The group of experts on privacy constituted by the Planning Commission has recommended an overarching privacy Act covering both public and private sector to address issues relating to right to privacy of individuals. A host of issues such as phone tapping, use of audio and video recordings and use of personal information by the government and the private sector wil be covered under the proposed law.

The group headed headed by former Chief Justice of the Delhi High Court AP Shah made its report public on Thursday. It also recommended setting up of a regulatory authority headed by the privacy commissioner at the Centre and four regional commissioner. "A retired Supreme Court Judge shall be appointed as the privacy commissioner at the center level and his office will be held accountable to parliament," the report said. The recommendations have been prepared after analysing the privacy principles of Australia, Canada, US and European countries.

"In cases such as phone and wire tapping we have recommended that the government should approach the court and if court allows only then tapping should take place. In urgent cases it can be done with the permission of executive wing as it is already happening but after 15 days, permission should be sought from the court," Justice Shah said.

In its report the group has laid nine principles under national privacy policy which the privacy bill should articulate. "Only relevant data should be collected by the data controller after giving an individual a purpose. The data controller shall be accountable for complying with measures wich give effect to the privacy principles," Justice Shah added.

With the rising apprehensions over the control of user information by social networking sites and search engines like Google, the group has recommended that these organisations get their self regulatory guidelines approved by the privacy commissioner.

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