Can a Data Protection law soon become a Reality for India?

Now that the justice BN Srikrishna committee has submitted a draft Data Protection as well as the Personal Data Protection bill, 2018 (pdf) to the Narendra Modi government, the wait for comprehensive data protection rights may soon be over.Though it is not devoid of loopholes, this bill will form the framework for India’s data protection laws, prescribing how organisations should collect, process, and store citizens’ data.



The committee’s report recommends that the law should be applicable to processing of personal data if such data has been used, shared, disclosed, collected or otherwise processed in India. However, it asserts that in respect of processing by fiduciariesthat are not present in India, the law shall apply to those carrying on business in India or other activities such as profiling which could cause privacy harms to data principals in India.



Additionally, personal data collected, used, shared, disclosed or otherwise processed by companies incorporated under Indian law will be covered, irrespective of where it is actually processed in India. However, it empowers the Centre to exempt companies which only process the personal data of foreign nationals not present in India.



The Data Protection Bill if acceptedwill mandate companies to store one copy of all personal data within the country. The committee however has left it to the government to define which kind of personal data can be qualified as “critical” which will have to be stored only in India. 



The Bill that will be subject to further review once it is introduced in parliament, showcases India’s growing concern for data privacy.The government has also sought comments from the general public on the draft Data Protection Bill which can be submitted by September 10. An August 14 notification on its The Ministry of Electronics and Information Technology website reads, "MeitY solicits comments from general public on the Draft Personal Data Protection Bill by 10th September 2018."



Experts have said that the Bill has been modelled partly on the European Union's General Data Protection legislation and India’s Information Technology Act, 2000. It runs into a total of 112 sections.....Read More

Comments

Post a Comment

Popular posts from this blog

N Chandrasekaran appointed chairman of Tata Sons

Image
The board of directors of Tata Sons, at its meeting has unanimously appointed N Chandrasekaran as executive chairman, Tata Sons. N Chandrasekaran shall take charge from February 21, 2017. The board of Tata Sons said, “Chandrasekaran has demonstrated exemplary leadership as the chief executive officer and managing director, Tata Consultancy Services. We believe he will now inspire the entire Tata group to realise its potential acting as leaders in their respective businesses, always in keeping with our value system and ethics and adhering with the practices of the Tata group which have stood it in good stead.” Chandrasekaran was the chief executive officer and managing director of Tata Consultancy Services since 2009. A Tata lifer, he had joined the company in 1987 and was appointed as a director on the board of Tata Sons on October 25, 2016.
Read more

DoT Secretary hints at making Draft NTP 2018 available in public domain soon

Image
“A draft National Telecom Policy 2018 that is liberal and non-prescriptive in its licensing approach in Machine to Machine (M2M) communication is being given final touches. The policy should be in the public domain in the next two to three weeks for discussion and responses from stakeholders,” said Aruna Sundararajan, Secretary, Department of Telecom, Ministry of Communications. Aruna Sundararajan said, “M2M is the next big opportunity for India in terms of its impact and the quantum change that it will bring about in the quality of services and delivery. The favourable impact of M2M on job creation had already set in as seen by the arrival of the first set of start-ups in the areas such as agriculture, smart cities, healthcare and water management.” She stressed that NTP 2018 would be transformative in harnessing the full benefits of M2M communications. She further said that in the M2M framework the focus would be on low-cost manufacturing, where exciting innovatio
Read more

Visa buys NFT based CryptoPunk and paid $150,000 in Etherium

Image
Visa buys NFT based CryptoPunk and paid $150,000 in Etherium:  Leader in the digital payments   Visa   has purchased a digital CryptoPunk for $150,000, marking the company's first ever   NFT   purchase. The deal is clearly shows that, Visa is stepping into the world of NFTs with its purchase of   CryptoPunk 7610 .   Going forward, NFTs and Visa to align and integrate them in new brand strategy to gain a sizable market share. However, NFTs have often been compared to physical collectible items like rare trading cards and works of art.   The CryptoPunk 7610, which feBlatures a female punk with a mohawk and large green eyes. "We envision there could be a future where your crypto address becomes as important as your mailing address," Visa's Head of Crypto said.   An NFT - which stands for non-fungible token - is a unique digital asset designed to represent ownership of a virtual item. Unlike bitcoin and other cryptocurrencies, NFTs can’t be exchanged like-for-like with an
Read more