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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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) –– Truyo, the leader in truly automated consent and data privacy rights management, today announced it has been named a strong performer in The Forrester WaveTM: Privacy Management Software Q4 2021 report by Forrester Research, Inc., a leading independent research and advisory firm. The Forrester report, which identifies the most significant providers in the category, cited Truyo’s “...management and fulfillment of individual privacy rights capabilities are some of the best in the market.”

Truyo was among a select group of companies Forrester invited to participate in The Forrester WaveTM: Privacy Management Software Q4 2021 evaluation. In the evaluation, Truyo was named a Strong Performer, receiving the highest possible scores in the criteria of automation, ease of use, performance management, and planned enhancements.

According to the report, Truyo “...is the perfect fit for large enterprise companies, with complex environments that, while willing to exploit the full potential of automation, are not ready to automate their full program on day one.” The report also notes, “Not only does the software help companies manage and comply with customer requests around their personal information, such as access and deletion, but also offers curated answers that can help end-users understand which data the company collected and processed in a language that makes sense to them.”

Truyo’s automated privacy rights management solution was also recently listed among the top 1% of privacy management software companies by the International Association for Privacy Professionals (IAPP). Egnyte’s Chief Governance Officer Jeff Sizemore is thrilled about the rankings saying, “Truyo’s enterprise tool is being thrust into the mainstream as it is recognized by major research firms and privacy groups. Between the capabilities and price point, it’s a no-brainer to add Truyo to your stack.”

“We feel being recognized as a strong performer in privacy management by ​​one of the highest-regarded analyst research firms is extremely validating and timely, particularly as new privacy laws begin to take effect,” said Dan Clarke, president of Truyo. “Companies are reevaluating their approaches to managing data and incident response in anticipation of the new privacy laws, and many are turning to automation to systematize and scale long-term compliance. Truyo is well positioned to empower organizations to automate many of the processes and reduce risk exposure.”

Earlier this year, Truyo also announced a partnership with Egnyte, a leader in cloud content security and governance, to enable organizations to discover and access all structured and unstructured data to automate the entire subject access request (SAR) process –– solving one of the biggest obstacles organizations face in consent and privacy management. Through this end-to-end solution, organizations can:

  • Effectuate changes and make deletions or anonymizations
  • Automate governance
  • Construct data lakes
  • Automate data request responses
  • Develop highly accurate data maps

"Now being recognized by major research firms and privacy groups, Truyo’s enterprise privacy management solution is propelling into the mainstream –– and it isn't any wonder why," said Egnyte’s Chief Governance Officer Jeff Sizemore. "The combination of its robust automation capabilities and price point has made it a no-brainer to add to your organization's stack.”

To download "The Forrester Wave™: Privacy Management Software Q4 2021" report, click here.

About Truyo

Truyo, an IntraEdge company, powered by Intel®, offers customers true consent and data privacy rights management automation. Specializing in privacy UX, Truyo has a nuanced understanding and a depth of experience in the operational delivery of privacy rights management creating better privacy rights and consent management experiences for users and companies. Through its Truyo Privacy Platform and Health-Check Management Solutions, Truyo enables global organizations to manage complex compliance requirements, minimize risk and deliver fast ROI. For more information, visit truyo.com.

 

Ale Johnson
About Ale Johnson
Ale Johnson is the Marketing Content Specialist at Truyo.
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