DATA PRO­TEC­TION FRAME­WORK FOR IN­DIA

Assocham Bulletin - - INFORMATION TECHNOLOGY -

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.

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