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