<img height="1" width="1" style="display:none;" alt="" src="https://px.ads.linkedin.com/collect/?pid=654132&amp;fmt=gif">

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.

 

All Posts

Prepare for CCPA Now: New Signed Laws and Proposed Regulations

The Governor of California signed 6 amendments into law for the CCPA on Friday, October 11th, prior to the full draft legislative changes scheduled for the public hearing on December 6th in which the Attorney General will consider written comments.

The Attorney General also addressed some of the questions that companies have been grappling with, including: how to manage household data, who is and is not a service provider, how to validate using only the information provided by the consumer, and how to provide answers to subject access requests involving sensitive personal information without exposing the company to potential liability.

These regulation updates will have a profound impact on how companies must review their data governance. Technological assessments and procedural measures must be taken to ensure compliance is achieved by the CCPA effective date on January 1st.

Proposed regulations:

Discriminatory practices

Emphasizes that companies may offer a different product or service if it is “reasonably related to the value of the consumer’s data”.

Submitting requests to see and delete data

Rules and procedures as to how consumers are to make requests. If a consumer submits through a non-designated method, the company must treat it as designated, or provide instructions to request method.

Minors

This would provide companies with the implementation process for a parent or guardian to opt-in to the sale of their information.

Notices to consumers

Promotes greater transparency of how companies capture, use and share personal data and what companies need to do in order to comply with the CCPA online and offline.

  • Clearly outlines the ADA/WCAG accessibility requirements.
  • Description of each category of information, sources and purposes.
  • Offline notices. Ensure companies have prominent signage alerting consumers of their right to their data.
  • Renaming of “Do not sell my personal information” to “Do not sell my info” – as a link

Service providers

Aligns various parts of the CCPA that caused confusion as to how the CCPA relates to service providers, addressing concerns posed during the initial public hearings of the AG. Service providers can not disclose information it collects from companies or consumers to another person or entity.

Timing, record-keeping, and verification

Encourages companies to respond to customer demands in a complete and timely manner. Companies must confirm receipt of request within 7 days and maintain records for 2 years. Companies are not allowed to retain the information used for verification and the company can require re-authentication upon a delete request.

Must show number of requests received, number of deletes received, number of opt-outs (do not sell), average days to complete (for the last 24 months)

Data Brokers

If a company buys 4 million consumer records it must compile a number of metrics in its privacy policy.

Additional proposed clarifications:

  • "Do not sell" requires 15 day window to verify the request. The company must notify 3rd parties for whom they sold data in the past 90 days.
  • If a company need not comply with CCPA data request requirements they must respond to the consumer with why and what rights they have to appeal.
  • For the 45-day extension, a company must make that request within 10 days of data request.
  • A company may provide a consumer the ability to re-opt-in to the sell of data. If so, must be a double opt-in.

Governor Newsom signed 6 amendments into law, they are outlined below:

Amendment corrections (AB 1355)

Many important technical corrections, including: exclusion from identified or aggregated consumer information, one-year exemption for B2B communications or transactions, and an expanded exemption for FCRA-compliant companies.

 

Data brokers are required to register with the attorney general (AB 1202)

"By contrast, consumers are generally not aware that data brokers possess their personal information, how to exercise their right to opt out, and whether they can have their information deleted." Consumers will gain the ability to understand data broker data use and prevent the misuse of that data with an opt-out option.

Data breach notifications (AB 1130)

Further clarifications around data categories that are included such as tax identification numbers, passport numbers, and biometric data.  Also includes "instructions on how to notify other entities that used the same biometric data as an authenticator to no longer rely on data for authentication purposes."

 

Employee exemption (AB 25)

Excludes employee personal information for a one-year period from many of the CCPA's requirements – during which the legislature would consider more comprehensive legislation on employee privacy.

Consumer request for disclosure methods (AB 1564)

Provides alternatives to the requirement that companies under CCPA must have a toll-free number available to consumers to send requests for information about the use of their personal information.

Vehicle information exemption (AB 1146)

Exemption from information shared or disclosed for warranty purposes.

Publicly available information (AB 874)

"This bill would redefine “personal information” to mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. The bill would also define “publicly available” to mean information that is lawfully made available from federal, state, or local records."

---

Wondering how this affects your organization? Contact us now or submit a demo request to discover a solution that will help you achieve compliance before the January 1st deadline for the CCPA.

Truyo
About Truyo
Powered by IntelⓇ, Truyo is the automated answer for enterprises seeking to deploy truly integrated SAR, consent, and other data privacy rights processing capabilities that scale with your needs, deliver conspicuous compliance, and adapt to new privacy regulations as they emerge.
Recent Posts

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, ...

Log4J Vulnerability Update

At Truyo we take data privacy and security very seriously. Recently a security vulnerability was reported in the open-source Java library “Log4J” that...

Forrester Wave Announcement: Truyo Named Strong Performer

Report notes Truyo’s “management and fulfillment of individual privacy rights capabilities are some of the best in the market ” PHOENIX (Dec. 09, 2021...

Human Error: The Pitfalls of Manual SAR Response

In the age of information, organizations have increased the amount of consumer data housed in structured and unstructured environments. As consumers b...