Impact of DPDPB and its impact on the healthcare sector

Krutikesh Age, Founder, D.P.H.S shares his analysis on Digital Personal Data Protection Bill (DPDPB) 

The Digital Personal Data Protection Bill (DPDPB) of 2023 carries significant ramifications for the healthcare sector, particularly with respect to the management of sensitive patient data. This legislative development represents a critical milestone in enhancing the security and privacy of healthcare-related information.

Underpinning this bill is the fundamental principle that individuals should exercise control over their personal health data. Consequently, the legislation places increased accountability on various stakeholders within the healthcare ecosystem, encompassing internet corporations, mobile applications, and business entities. This heightened accountability pertains to the meticulous collection, secure storage, and ethical processing of patient data, all in strict alignment with the overarching “Right to Privacy.”

It is essential to underscore that compliance with this legislation is not optional but mandatory. Non-compliance carries substantial penalties. Thus, organisations operating within the healthcare domain must adapt their data management practices to conform to these rigorous standards.

One noteworthy aspect of the bill is the introduction of a stringent negative-list regime governing cross-border data transfers. This framework explicitly delineates which categories of data are ineligible for international transmission. Additionally, the bill dispenses with the erstwhile justifications of “reasonable purposes” and “public interest” for data processing. Instead, it unambiguously accentuates the primacy of individual rights and privacy considerations.

Practically speaking, this legislative development obliges healthcare providers and institutions to reevaluate their data handling protocols meticulously. Irrespective of whether patient data resides in electronic databases or traditional paper records, rigorous precautions against unauthorised access and improper utilisation are imperative. Concurrently, healthcare entities must establish clear and responsive mechanisms to address patient concerns related to data privacy.

In summation, the DPDPB 2023 represents a significant stride towards fortifying the safeguarding of individual health data and privacy in the modern healthcare landscape. While its implications mandate a more rigorous approach to data management within the healthcare sector, it unequivocally underscores the paramount importance of preserving patient data integrity and security.