<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.

 

All Posts

Truyo Introduces New CCPA Privacy Rights Research

As privacy regulation becomes a critical driver behind efforts to protect consumer data to avoid fines and penalties, new research highlighting the current trends in CCPA can help drive this effort. 

In the first comprehensive privacy rights research study conducted by Dimension Data on behalf of Truyo an IntraEdge product, we surveyed 221 participants responsible for IT, legal, privacy, and compliance professionals that had budgetary or technology making responsibility within their company. In addition, all participants were responsible for data privacy as a significant part of their job at a company with more than 1,000 employees. The study is groundbreaking research highlighting the current trends in CCPA compliance. 

CCPA Job Level, Manager, ExecutiveCCPA Role - Legal, Privacy, Compliance

Current trends in CCPA compliance according to Truyo 

According to research, consumers are actively exercising their rights under CCPA, with 51% of companies receiving over ten requests per week. This data indicates there is a need for automation to alleviate the manual work associated with the increasing number of requests companies receive per week. In fact, 57% of companies said an increase in requests would impact their decision to implement a third-party privacy rights platform provider for CCPA compliance. Other key factors that affect this decision include additional state laws and enforcement deadlines, which signifies privacy compliance is top-of-mind for most. 

 Affect decisions

Of the companies we surveyed, 58% said they offer CCPA privacy rights to all customers than just California residents. With more companies offering privacy rights to consumers, 59% of companies have invested in new tools to address CCPA privacy rights and 64% plan to spend more than $100K on compliance in 2020.  

Top requirements when choosing CCPA privacy solutions 

This study proves data privacy management is more than just an investment. It is your guide to compliance with CCPA regulation. The research shows, executives prioritize features, automation capability, and cost as the top criteria requirements they are looking for when choosing a CCPA privacy rights solutionDespite the current change with COVID-19, 56% of data privacy professionals are expecting there will be an increase in privacy rights requests, as a result of the pandemic. Automation will continue to be the driving factor behind companies seeking a third-party privacy solution to accept privacy rights requests, an end-to-end solution can benefit these top requirements. 

Top 3 features

What’s next for CCPA?  

December 31, 2020, marks the sunset period for the employee rights exemption, which means employees can exercise their data privacy rights under CCPA. 51% of companies haven’t started employee rights planning yet, but only 15% say they intend to wait until this is a legal requirement under the CCPA.   

Learn more about the results from the current trends in CCPA research by Truyo, listen to our webinar on demand: In the Trenches with CCPA: New Research On CCPA Compliancefrom April 22, 2020.

Monique Becenti
About Monique Becenti
Monique Becenti is the Product Marketing Manager at Truyo. She has deep technical knowledge in technology with an emphasis on data privacy.
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...