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

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 become increasingly aware of this and what their rights are under current and future legislation, the number of data subject access requests is increasing. According to Automated Intellegence, “A body which represents UK data protection officers has reported that there’s been a 66% increase in the average number of DSARs received” (Automated Intelligence, 2021)”

What’s brought on this large jump in DSARs? It’s an amalgamation of consumer awareness, data breaches, trickle down, and an influx of DSAR aggregators and authorized agents. When large breaches are reported in the media consumers become alarmed and begin considering how much of their own personal information they’ve given out. If a large organization within your industry finds itself managing a data incident the trickle down to your organization can be swift and severe. Above all, DSAR aggregators and authorized agents like Mine and One.Thing.Less are giving consumers the ability to send DSARs to multiple companies with the click of their mouse.

When organizations are faced with a rise in the number of requests and don’t have an automated response plan in place that’s where human error comes into play. According to BBC news there were 36 data breaches reported by the Office of the Data Protection Authority between July and August and 22 of those breaches were a result of personal information being sent to the wrong person by email or post. “A spokesman said: ‘In extreme cases, a personal data breach can cause lasting harm to the people whose data has been breached, not to mention the reputational damage that can be done to the organizations responsible for what went wrong" (BBC News, 2021).”

Register to attend our upcoming webinar on incident response.

Data breach costs have seen a dramatic increase, as well. According to the Ponemon Institute's 2020 “Cost of Data Breach Study,” the global average for a data breach is $3.83 million, but the average cost of a data breach in the United States has hit an all-time high of $8.64 million” (Brisco, 2021).”

Advanced preparation is key to minimizing the risks of human error and reducing the cost of a breach, which is no longer considered a matter of if it happens, but a matter of when. We recommend preparing for this rise in DSAR requests and mitigating risks by doing the following:

  • Automate your DSAR response procedures to avoid an incident.
    • The less manual steps in your process, the less likely it is to be met with human error.
    • Truyo automates the entire process by mapping out all of your data so it can easily be sources for DSARs and automatically begins a truly touchless process to respond and effectuate consumer-requested changes.
  • Create your incident response plan immediately.
    • Incident response is becoming more regulated by the day as US states seek to protect consumers. Notifications cadences are prescribed and need to be followed acutely to remain in compliance.
    • Cyber incident insurance rates can and will depend on your advanced preparedness for a potential incident.

Waiting until an incident occurs to begin automating your processes and developing an incident response plan is like putting on a seatbelt after an accident. The key is advanced preparation so as not to scramble at the eleventh hour to put out the fire. Truyo is the first step in automating your processes so that if, but more likely when, an incident occurs you can focus on other aspects and know that your DSAR requests are being automatically, accurately, and efficiently managed with our platform.

If you’d like to discuss Truyo, our partnership with Egnyte, or preview our platform, reach out to hello@truyo.com.

 

Citations

Automated Intelligence. (2021, February 24). Are you ready for a rise in Data Subject Access Requests this year? https://www.automated-intelligence.com/news-and-insights/articles/are-you-ready-for-a-rise-in-data-subject-access-requests-this-year/

BBC News. (2021, September 15). Call to eliminate “human error” causing Guernsey data breaches. https://www.bbc.com/news/articles/cne58lpnk92o

Brisco, K. (2021, July 27). Cost of a Data Breach: Behind the Numbers of a Cybersecurity Response Plan. Secureworks. https://www.secureworks.com/blog/data-breach-response-planning-cyber-threat-intelligence#:%7E:text=According%20to%20the%20Ponemon%20Institute’s,time%20high%20of%20%248.64%20million.

 

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