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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The Colorado Privacy Act Has Passed, What's Next?

It is official - Governor Jared Polis has signed the bill making the Colorado Privacy Act the latest enacted state legislation, joining California and Virginia. But what are we going to see out of the Colorado Privacy Act that's different from CCPA and CDPA? 

  • There are no revenue thresholds as seen in other legislation. A company must adhere if it "controls or processes the personal data of at least 100,000 consumers" or "derives revenue or receives a discount on the price of goods or services from the sale of personal data and processes or controls the personal data of 25,000 consumers or more."
  • The sale of consumer data, in the Colorado Protection Act, is defined as “the exchange of personal data for monetary or other valuable consideration by a controller to a third party" much like the CCPA. 
  • Consumers are protected if "acting in an individual or household context," but are excluded if qualified as a consumer through "a commercial or employment context, as a job applicant..."
  • Exemptions are detailed, but a full exemption is not provided for health care controllers with HIPAA information.
  • Data controllers have a duty of transparency, purpose specification, data minimization, to avoid secondary use, a duty of care, to avoid unlawful discrimination, a duty regarding sensitive data. Click here to learn more about controller duties. 
  • The Colorado Privacy act addresses consumer data protection by saying controllers cannot perform an activity “that presents a heightened risk of harm to a consumer without conducting and documenting a data protection assessment of each of its processing activities.” 

This last bullet point is going to present a large task to organizations with the requirement of impact assessments. "Companies who aren't already doing this under the GDPR are not going to have the tools and knowledge necessary to complete these yet," says Dan Clarke, President of Truyo. That's why we've created our Privacy Impact Assessment tool to help organizations prepare for this Colorado Privacy Act requirement that can be overwhelming.

Truyo recommends that you start preparing for this requirement sooner than later. If you are already a Truyo customer, reach out to your Truyo representative or email hello@truyo.com to add this service. If you are not yet a Truyo client, click here to learn more. 

Ale Johnson
About Ale Johnson
Ale Johnson is the Marketing Content Specialist at Truyo.
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