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India's Joint Parliamentary Committee Announces Recommended Changes to Privacy Bill

Last month, the Indian Joint Parliamentary Committee submitted its report on the 2019 Personal Data Protection Bill after two years of consideration, research, and analysis. The bill, while not a certainty but likely to pass, would replace what some consider to be archaic data protection regulations. Although not finalized, the biggest obstacle if implemented as envisioned is strict data localization. India has been in the group of countries legislating data privacy for decades, culminating in the 2021 JPC report submission. Here’s a look at the history of data privacy legislation in India.

 

The History of Data Privacy Legislation in India

  • 2000 – Information Technology Act is passed by parliament and signed by President K.R. Narayanan addressing electronic documents, e-signatures, and record authentication.
  • 2017 – The Indian Supreme Court hears Justice KS Puttaswamy vs Union of Indiaand passes a historic judgment affirming the constitutional right to privacy.
  • 2019 – Introduction of the Personal Data Protection Bill and immediately sent to the JPC to be examined.
  • 2021 – JPC submits report on PDP to Indian Parliament revisions.

 

The long-awaited report submitted December 16, 2021 by the JPC has provided necessary clarification and modifications that seek to enhance the syntax and governance of the bill.

 

The recommended amendments are as follows:

  • Scope – The bill has a proposed name change to Data Protection Bill and will cover both personal and non-personal data which is unusual as distinction of data type can be difficult when managing mass amounts of data. Clauses also address the deceased and transfer of minor rights (see Clause 16 below).
  • Implementation Timeline – The report outlines a timeline with a 24-month implementation period for data processors to comply.
  • Definitions – The following terms have been defined or revised: consent manager, data auditor, data breach, data fiduciary, data processor, data protection officer, harm, and non-personal data.
  • Clauses 13 & 14 – These clauses apply to consent of personal data processing for employment and legitimate interest, marrying the interests of both the data principal and data fiduciary.
  • Clause 16 – Entities dealing with the data of children must register with the DPA and are required to communicate with the subject 3 months prior to adult age to regain consent and “must continue providing the services to the child unless the child withdraws consent.”

 

The implementation timeline for the Data Protection Bill is still unknown but will likely be a phased approach. Like California, there is discussion of an oversight committee called the Data Protection Authority of India that would supervise compliance with the proposed law. With the notable amendments to the bill, it’s unlikely we’ll see this come to fruition quickly. Not unlike most proposed privacy legislation, it has been met with dissent and opposition and will have to make its way through the courts of India before becoming law.

 

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Best Practices to Improve the Privacy UX

As technology transforms our lives, consumers are looking to businesses not only for innovation but to manage their data responsibly. All aspects of a privacy program that are exposed to the public should be handled lawfully and ethically in these ever-changing times. But to address these consumer concerns, companies can also improve the privacy user experience (UX) and extend a greater sense of transparency throughout their digital landscape.

Privacy by design is vital when reassuring users and regulators that data compliance is top of mind at every stage of the development of products, which include security for consumer data, individual rights management, conspicuous notifications, limited collection & retention of such data, and policies & procedures to promote data accuracy.



4 Updates to Your Privacy UX Plan

 

Individual Rights Management

It’s important to keep both the perspective of the consumer and the organization in mind when creating a sleek and effective process to manage consumer privacy rights.

Consumers are looking for a seamless process to submit a request and know the status. By providing consumers a self-serve portal, introduces an added layer of transparency  that enables insight and understanding of the data a company holds on them. 

Organizations managing such requests on the backend must have clear visibility into the timing, requester verification, systems queried, team responsibilities, and responding to the privacy request. Implementing a true end-to-end automated privacy rights platform can reduce manual intervention from internal privacy teams, ultimately reducing overhead costs associated with privacy requests.

Cookie Consent

A great UX simplifies how a consumer manages how they are being targeted based on cookies and tags. Even though companies are not selling information, it could still fall in-scope for CCPA. Offering a solution that easily allows consumers to accept or decline all; or specific cookies on a website gives consumers complete control over their information.

Communications Consent

Integrating a granular but simplified overview of your consumer’s communications preferences is part of having a sophisticated privacy UX. Allowing consumers to pick and choose their communication preferences conveys greater attention to marketing communications, in addition, increases consumer engagement with your brand.

 

Policy Consent

Companies should make it effortless in its UX for individuals to keep track of the policies and versions they have consented to, which include the fields of information that are associated with these said policies.

Take your privacy UX to the next level. Working these aspects of data privacy into your UX can significantly contribute to building consumer trust, which ultimately leads to long-term success. However, integrating them into a consumer portal, will provide a prime UX for any consumer exercising their data privacy rights.

Filling these gaps in your frontline privacy areas can address additional privacy risk but, most importantly, contribute to building a successful, transparent relationship with your consumers.

Watch our on-demand webinar: Privacy UX - The Next Frontier: From Consent to Automated Rights.

 

Monique Becenti
About Monique Becenti
Monique Becenti is the Product Marketing Manager at Truyo. She has deep technical knowledge in technology with an emphasis on data privacy.
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