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.
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.
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.
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.
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.
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.
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).