<img height="1" width="1" style="display:none;" alt="" src="https://px.ads.linkedin.com/collect/?pid=654132&amp;fmt=gif">

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.

 

Alaska Governor Proposes Privacy Act Bill

Alaska has become the next state to move toward protecting consumer privacy at a state level. Governor Mike Dunleavy (R) introduced Senate Bill 116 and House Bill 159 on March, 31 2021.

Brazil’s LGPD Now Effective

Privacy rights regulation is expanding beyond the GDPR and CCPA with Brazil’s privacy law referred to as the LGPD (Lei Geral de Proteção de Dados Pessoais) now effective as of September 18, 2020. While penalties for infractions will be applied on August 1, 2021.

CCPA Regulations - The Hidden Game Changer: “Do Not Sell My Personal Information”

There are several key aspects of the California Consumer Privacy Act (CCPA) that people are largely missing to date. Here, learn why the "Do Not Sell My Personal Information" provision of the CCPA could be a game changer for many companies. And learn how you can get a head start implementing the processes and systems to comply with the provision without hobbling the business.

How to Modify Your GDPR SAR Practices for the CCPA

IAPP Webinar march 2019 how to GDPR to CCPA

Original broadcast date: March 21, 2019 via IAPP Webconference

State of the States: U.S. Privacy Regulation Status Update

Updated March 2020

As we move deeper into 2020, we are starting to see an end to the uncertainty surrounding what the final version of the CCPA will look like, which is critical since the regulation is still slated to go into enforcement no later than July 2020.  We’re also starting to get a better idea of where the other 49 States might be headed with respect to their own Privacy Acts – seeing commonalities in the notice requirements and Individual Rights afforded individuals, but still a marked set of differences in the definitions of critical components of the regulations, including the how “personal information” and “sale” are defined.  Another major divergence is which States will limit penalties to fines issued by the State Attorney General or empower consumers with a Private Right of Action. 

Despite the emerging clarity, this is still very much a changing landscape, with State House and Senate Bills being proposed, rejected, sent to a task force, or passed on almost a weekly basis – so by no means has the approach to privacy in the United States been determined, let alone uniformly established.

Here, we bring some order to the chaos by analyzing passed and pending privacy regulations across the U.S. and ranking each state based on the relative strength of its privacy regulatory environment.

GDPR: Key components of the regulation

The General Data Protection Regulation (GDPR) is one of the most robust individual privacy rights frameworks enacted to date. The regulation contains 99 articles, but it is a handful of those that have upended the traditional privacy paradigm.

Does the GDPR apply to my company?

The General Data Protection Regulation (GDPR) is one of the most robust individual privacy rights frameworks enacted to date. The regulation went into effect on May 25, 2018 and covers any organization that deals with the personal data of a European citizen. It not only defines privacy and how to evaluate whether an organization is properly protecting it, but also sets out consequences with substantial financial penalties for non-compliance.

 

Key regulations: The GDPR + CCPA

It would be an understatement to say that data privacy regulations made a big impact in 2018 and 2019.

 

Who is in charge, here?

When it comes to privacy regulation enforcement it can be tricky to understand who is leading the charge.  Each regulation handles things individually.  Let's take a look at those who govern two key regulations: the GDPR (General Data Protection Regulation) and the CCPA (California Consumer Privacy Act).

 

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...