In­dia inches closer to data pri­vacy law

Governance Now - - FACT SHEET -

The jus­tice BN Srikr­ishna-led com­mit­tee has sub­mit­ted its draft of the Per­sonal Data Pro­tec­tion Bill, 2018 to law and IT min­is­ter Ravi Shankar Prasad for the gov­ern­ment’s re­view. The 10-mem­ber com­mit­tee was set up by the gov­ern­ment in July last year to iden­tify over­all data pro­tec­tion is­sues in In­dia and rec­om­mend ways to ad­dress them. The draft has pro­posed set­ting up of a data pro­tec­tion author­ity (DPA) which will pro­tect data prin­ci­pals and en­force the data pro­tec­tion laws. It also rec­om­mends that those pro­cess­ing data must ac­quire in­formed con­sent, state the pur­pose of col­lec­tion and re­tain per­sonal data only as long as nec­es­sary. Users will have a right to be for­got­ten, to know about how their per­sonal data is pro­cessed, to make cor­rec­tions and up­dates, and to re­ceive de­tails of their data. Stor­age of all crit­i­cal per­sonal data – a clas­si­fi­ca­tion that the gov­ern­ment will de­ter­mine – should be within the coun­try. All other per­sonal data must be stored as a copy in In­dia. Pun­ish­ment for vi­o­lat­ing the law can range from ₹5 crore or two per­cent of to­tal world­wide turnover to ₹15 crore or four per­cent of the world­wide turnover of the com­pany in­volved. The law will not ap­ply in cases in­volv­ing na­tional se­cu­rity, po­lice in­ves­ti­ga­tions and le­gal pro­ceed­ings.

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