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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.

 

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The writing is on the wall: European protections pave the way for blockchain

Evolving regulations in privacy and data security are pressuring companies to accommodate user demands for control over their personal information.  The General Data Protection Regulation (GDPR) represents the largest change to European Union (EU) data protection laws in decades, and requires companies that do business in the region to provide increased protections for EU users.

 

For the rest of the globe, the writing is on the wall:  Companies must provide clarity and control over the personal information they take in so that individuals regain power over their own data.  Until recently, large companies were scrambling to sort out the best technology and approach to achieve these goals - or risk steep fines for non-compliance.  Blockchain technology, which has largely been a solution in search of a problem in the world of digital commerce, has entered as a serious contender for both short and long-term solutions to this important challenge.

 

Key to understanding GDPR is user rights to their stored data.  For a company to comply with GDPR, they must provide their users with the ability to review their collected data, modify it, or request it's removal.  In the past, this type of access to specific user data was unavailable to the public, and the source of each piece of data may be in disparate systems that remain unconnected.  Unifying the data, providing the appropriate means to receive, track, and fulfill user requests, and to update the data as requested represents a monumental task for enterprise architects to wrestle with in the face of looming deadlines and steep fines.

 

Beyond the immediate demands, there also lies a long term vision of how user data should be treated - giving true transparency and ownership to meet customer expectations beyond the specific EU regulations.  It's this combination of short term needs and long term vision that solutions like GDPR Edge are designed to address.

 

In May, BDO USA, LLP and IntraEdge, joined by Intel and Microsoft, announced their strategic collaboration on a blockchain-based platform for achieving GDPR compliance and more.  Truyo (previously GDPR Edge) is billed as the world's first enterprise-ready blockchain solution for operationalizing GDPR Compliance. The blockchain technology, using Hyperledger Sawtooth's distributed ledger, not only gives companies a secure method for tracking collected data, but also provides their users with a portal where they may review the data, modify it, or request its removal.  Read More

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Editor's Note: This post was originally published in July 30, 2018 by David Ebel at 
www.forbes.com

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