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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CPRA is Inches Away from the November Ballot

California Privacy Rights Act (CPRA)
The California Privacy Rights Act (CPRA) inches closer and closer to the November 2020 ballot. With the number of signatures being verified, Los Angeles County was the latest county added to the statistical total of 75 percent. The current status stands at an impressive 78 percent of the overall signatures confirmed so far. Although not entirely in the clear, it appears that the CPRA ballot initiative will likely make it to the 2020 ballot, which means additional updates to the existing CCPA law are possible.

CPRA Revamps Consumer Privacy Law
The CPRA is often referred to as “CCPA 2.0,” and will revamp consumer privacy law in California by expanding on the privacy protections set in place by CCPA. The expansion will allow consumers the right to stop businesses from using sensitive personal information, increases safeguards for children's privacy by tripling the fines associated with the collecting and selling of a child’s private data, extends the exemption for employment data, and establishes an enforcement body in the California Privacy Protection Agency.

CPRA Timeline
With the June 25th deadline right around the corner, the remaining CPRA signatures must be verified by this time to continue making its way to the November 2020 election. Given the outcome will not be known until November, if the CPRA provisions are enacted, it won’t go into effect until January 1, 2023.

As we make our way into summer, there is a lot for organizations to consider when it comes to privacy law. The California Attorney General (AG) remains determined to begin CCPA enforcement on July 1, 2020, with a final proposed regulations package submitted to the Office of Administrative Law. The submitted regulations will provide guidance to businesses on how they can comply with CCPA and allow consumers to exercise new rights over their personal data. Now is the time for organizations to ensure they have a strong privacy compliance solution to avoid fines and penalties associated with CCPA enforcement if they haven’t done so already.

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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