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.

 

You Shall Not Pass: WA, OK and FL Privacy Bills at a Standstill

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.

Washington State Privacy Act: Is the 3rd Time the Charm?

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.

Virginia Has Passed a Privacy Act

Gov. Northam has signed the Virginia Consumer Data Protection Act into law.

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).

New Modifications to the CCPA Regulations - What You Should Know

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.  

Prop 24 (CPRA/CCPA 2.0) Has Passed: What This Means For You

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Round Three of Proposed Modifications to the CCPA

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.

Update: Governor Gavin Newsom Signs AB-1281

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.

CPRA is on the Horizon - What's the Ripple Effect?

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.

QuikSense powered by Truyo Meets FDA Certification Compliance

QuikSense, powered by Truyo, is certified to comply with the FDA’s IEC 80601-2-59-2017 specification, making this a cost-effective and reliable wellness and temperature check option for businesses to leverage in any phase of their COVID-19 strategy. This standalone, contactless temperature sensor can read temperatures quickly and directly from an individual’s wrist with the highest level of temperature accuracy on the market.

QuikSense. Designed with Privacy in Mind.

IntraEdge proudly introduces QuikSense powered by Truyo, a standalone, contactless temperature wrist sensor that was designed with privacy in mind. QuikSense enables your business to conduct contactless and privacy-minded health screenings quickly in the workplace or in well-gathered spaces, such as school campuses, distribution/manufacturing centers, offices, hospitals, etc. Companies now have access to a cost-effective and accurate health-check solution that prioritizes health and privacy.

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