DATA PROTECTION FRAMEWORK FOR INDIA
TI e Justice B. N. Srikrishna committee was set up in July last year to propose principles for data protection law in India. The committee is working on giving suggestions to ensure data protection.
Due to quick adoption of technology by businesses, cyber security is gaining huge importance, to the extent that is the backbone of businesses. To understand the developments happening in this regard, ASSOCHAM organised a Summit on Data Protection, Privacy and Security on July 27, 2018in Bengaluru.
While inaugurating the Summit, the chiefguest, MsPayal Malik, Adviser, Competition Commission of India (CCI), was of the view that while designing the data protection framework, the Justice B.N. Srikrishna committee must ensure that Indian specificities are taken into account and it is not a 'copypaste version' of developed international template.
"Tangentially the legal framework will have a bearing on competition outcomes, we expect that the recommendations are balanced such that the legal framework does not pick winners at the cost of competition as we know it", she said.
She added that a firm legal framework for data protection ensuring compatibility between data-driven innovation and consumer data privacy must be put in place so that companies do not escape from complying with the nation's laws by transferring data overseas.
The CCI adviser also said that while the data protection law is essential for the country, it has to be flexibleenough to be consistent with India's economic interests. "The law must not place undue restrictions on freedom of data movement which is at present very crucial for Indian industries
to grow and value by innovating and competing."
Conceding that regulators in India are still grappling and do not have much idea about what has to be done to make human centric anti-trust laws apply effectivelyto bot-intermediated transactions, Ms Malik said that the data protection law must take all these aspects into consideration. "The approach should be protective and not restrictive in nature, a cost-benefit analysis is required to correctly reap in the benefits of data," she said.
She also said that smart and not heavy-handed regulation should be brought in place while keeping privacy protection in focus and addressing issues related to consumer protection and competition.
Talking about the data-driven acquisitions, she said that for merger control regime in India to achieve its intended goals across sectors, it is probably time to revisit the desirability of uniform thresholds across sectors.
Striking balance is the need of the hour to be able to embrace social benefits of big data while avoiding harm to individuals.
She further said that while the CCl would address competition issues falling in its purview, it most important for regulators to work in tandem. "Regulations and regulators are totally dispersed and this is the reason why the national thinktank on e-commerce has been proposed by the government and deliberations are going on."
Highlighting the need for appropriate remedies addressing both anti-competitive practices and data harms, Ms. Malik said that authorities responsible for data abuses in the digital sector should meet to explore opportunities to promote efficient digital markets. DATA PROTECTION FRAMEWORK FOR INDIA Moderator of the First Panel Mr. Sriram Sivaramakrishnan, Partner, Cyber Security, PWC along with panelists (L-R) Ms Vijayalakshmi N., Director, Legal-India & APAC, Harman, Mr. Supratim Chakraborty, Associate Partner, Khaitan and Co. and Mr. Agnidipta Sarkar, Global Information Risk & Continuity Officer, DXC Technology.
Guest of Honor, Ms Payal Malik, Adviser, CO, (L-R) Mr. Abhishek Saxena, Assistant Director, ASSOCHAM, Mr. Omprakash Singh, Leading Cloud Operations, OneTrust, India, Mr. Manas Kumar Chaudhuri, Chairman, ASSOCHAM National Council for Competition, Mr. Harihara Natarajan, Chairman, ASSOCHAM National Council for FinTech, Digital Assets & Block chain Technology and Mr. Siddharth Vishwanath, Leader, Cyber Advisory, Pwe.
(L-R) Moderator of the fourth panel Mr. Krish Bhat, Chartered Accountant along with the panek Partner-Data Privacy Practice, StratJuris Partners, Mr. Vishwas Balakrishna, Practice Lead, Dataa Associates LLPand Mr. Harish Chaluvadi, OneTrust, India.