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
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:
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.
The influx of states proposing and voting on privacy bills has been a good sign for consumers that lawmakers are concerned about data privacy. But at this point, we’ve only seen California, Virginia, and Nevada actually succeed in passing such legislation. Since more states are addressing consumer data privacy, we want to dive into why some aren’t passing the first, second, or even third time.
Updated April 26, 2021 at 11:13am: The Washington State Privacy Act has not passed, missing the chance for a vote before the Washington State Legislature adjourned on Sunday April 25, 2021.
Updated April 21, 2021 at 8:45am: Truyo has learned that the bill is still being discussed as recently as last night with movement towards a compromise.
Updated April 14, 2021 at 8:30am: A representative of Washington State Sen. Reuven Carlyle (D) said he believes “the bill remains alive through the end of the legislative session.” Though the April 11th deadline to vote on non-fiscal bills has passed, sources say that a compromise is being discussed.
Updated April 12, 2021 at 11:30am: Sunday night's House session ended without a vote on the Washington Privacy Act. The House proposed twenty-five amendments to the bill that weren't debated prior to the end of the session, not allowing for a vote. At this time, it is unclear if the bill will still be under consideration. We will update as we learn more.
The state of Washington has made alterations to the proposed consumer privacy act, SB 5062, in the hopes that it can be the latest privacy legislation to pass. Previous attempts to pass the Washington Privacy Act have been halted due to disagreement on the limited private right of action. In an effort to compromise, adjustments have been made to that portion of the bipartisan bill.
One of the things 2020 should have prepared us for is the unexpected, and the Commonwealth of Virginia managed it with the mere three weeks from mid-January to the beginning of February that it took the General Assembly to introduce, debate, and favorably vote on the Consumer Data Protection Act (VCDPA) (HB 2307 / SB 1392).
On December 10, 2020, California's Attorney General Xavier Becerra proposed a new set of modifications to the CCPA regulations. The CCPA continues to evolve as these recent changes come less than two months after the last set of proposed changes.
Dan Clarke, President - IntraEdge
The California Consumer Privacy Act (CCPA) proposed updates continue to roll in as the third set of proposed modifications released by the California Department of Justice were submitted for comment through October 28, 2020. According to Michael Hellbusch of Rutan & Tucker, the latest modifications are a big deal for a lot of businesses and their websites. However, the biggest news is that the AG proposed these modifications at all especially being so close to the November 2020 election.
Governor Gavin Newsom signed Assembly Bill 1281 on Tuesday, September 29, 2020. The bill extends the business-to-business and employee partial moratoria, also known as employee privacy rights, until the end of 2022.
Data breaches and technology are evolving at such a rapid rate. In the first half of 2020 alone, data breaches significantly increased by 273% compared to 2019, making privacy laws and regulations such as the CCPA paramount in protecting consumer rights. California is leading the way for privacy compliance, as the fifth-largest global economy, the CCPA forces many companies to address privacy compliance.
Privacy laws and regulations have transformed the relationship between businesses and the personal data they collect from consumers. The CCPA grants privacy rights to California’s consumers, which gives them the right to request access, delete, and modify their data. Granting these rights to individuals can place a significant burden on businesses because they must know exactly what data they hold, where, and in what context, which can be an extremely complex process to unfold.
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