Consent may be withdrawn at any point in time. The notice should contain details about the personal data to be collected and the purpose of processing. A notice must be given before seeking consent. It includes collection, storage, use, and sharing.Ĭonsent: Personal data may be processed only for a lawful purpose after obtaining the consent of the individual. Processing has been defined as wholly or partially automated operation or set of operations performed on digital personal data. Personal data is defined as any data about an individual who is identifiable by or in relation to such data. It will also apply to the processing of personal data outside India if it is for offering goods or services in India. Īpplicability: The Bill applies to the processing of digital personal data within India where such data is: (i) collected online, or (ii) collected offline and is digitised. In August 2023, the Digital Personal Data Protection Bill, 2023 was introduced in Parliament. In November 2022, a Draft Bill was released for public consultation. The Bill was referred to a Joint Parliamentary Committee which submitted its report in December 2021.2 In August 2022, the Bill was withdrawn from Parliament. Based on the recommendations of the Committee, the Personal Data Protection Bill, 2019 was introduced in Lok Sabha in December 2019. The Committee submitted its report in July 2018. Srikrishna, to examine issues relating to data protection in the country. , In 2017, the central government constituted a Committee of Experts on Data Protection, chaired by Justice B. Use of personal data is regulated under the Information Technology (IT) Act, 2000. It may subject individuals to harm such as financial loss, loss of reputation, and profiling.Ĭurrently, India does not have a standalone law on data protection. Unchecked processing may have adverse implications for the privacy of individuals, which has been recognised as a fundamental right. Processing of personal data may also aid law enforcement. Processing of personal data allows understanding preferences of individuals, which may be useful for customisation, targeted advertising, and developing recommendations. Businesses as well as government entities process personal data for delivery of goods and services. Personal data is information that relates to an identified or identifiable individual. The short term with scope for re-appointment may affect the independent functioning of the Board. The members of the Data Protection Board of India will be appointed for two years and will be eligible for re-appointment. This mechanism may not ensure adequate evaluation of data protection standards in the countries where transfer of personal data is allowed. The Bill allows transfer of personal data outside India, except to countries notified by the central government. The Bill does not grant the right to data portability and the right to be forgotten to the data principal. The Bill does not regulate risks of harms arising from processing of personal data. This may violate the fundamental right to privacy. The central government will establish the Data Protection Board of India to adjudicate on non-compliance with the provisions of the Bill.Įxemptions to data processing by the State on grounds such as national security may lead to data collection, processing, and retention beyond what is necessary. The central government may exempt government agencies from the application of provisions of the Bill in the interest of specified grounds such as security of the state, public order, and prevention of offences. The Bill grants certain rights to individuals including the right to obtain information, seek correction and erasure, and grievance redressal. Consent may not be required for specified legitimate uses such as voluntary sharing of data by the individual or processing by the State for permits, licenses, benefits, and services.ĭata fiduciaries will be obligated to maintain the accuracy of data, keep data secure, and delete data once its purpose has been met. Personal data may be processed only for a lawful purpose upon consent of an individual. It will also apply to such processing outside India, if it is for offering goods or services in India. The Bill will apply to the processing of digital personal data within India where such data is collected online, or collected offline and is digitised.
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