Which act in india focuses on data protection and data privacy

The Indian Government has published a new, simplified draft of its Digital Personal Data Protection Bill. What does it say? On 18 November 2022, the Government of India released the long awaited fourth draft of India's proposed privacy law, now renamed as the Digital Personal Data Protection Bill ('Bill'). The Government has sought for feedback on the draft Bill by 17 December 2022. At first glance, the Bill is quite a surprise. It is a completely new draft and not a redraft of previous versions and is much shorter and simpler. It departs substantially from the GDPR model of privacy laws that is quite commonplace today. Applicability The law applies only to personal data that is collected online or which is collected offline, but which is digitised. The law will apply to processing of personal data outside India if this processing is in connection with any profiling of principals in India or any activity of offering goods or services within India. The law also exempts processing of data in India of individuals located outside India under a cross-border contractual arrangement: this essentially covers the offshore/outsourcing industry. Definitions The Bill uses similar terminology as the previous versions. A data subject is referred to as a ' data principal' and a data controller is referred to as a ' data fiduciary'. There is no concept or definition of sensitive personal data. The DPA is referred to as the Data Protection Board of India ('DPBI'). Grounds for collection an...

Categories: Introduction The concept of Privacy dates back to the dawn of human civilization. However, the idea of Privacy is difficult to grasp. The term “Privacy” has taken on a variety of meanings for different academics, and those definitions shift as society itself does. It is possible to trace back its history by looking at arguments in the Constituent Assembly, when Privacy and secrecy were debated. It is clear from the debates in the Constituent Assembly that the Right to Privacy was purposefully omitted from the Constitution. Legislators’ motivations for doing this remain a mystery. Post-independence India’s Constitution does not explicitly acknowledge the Right to Privacy, but precedents in the courts have allowed it to develop. In the instance of Kharak Singh [Image source:Gettyimage Defin i tion of Privacy Rights When discussing its definition, the term “Privacy” is difficult to comprehend. It has been interpreted in several ways. “Right to Privacy,” according to Black’s Law Dictionary, includes “various Rights recognized as inherent in the concept of ordered liberty.” These freedoms protect people’s Right to fundamentally choose how they want to live their lives and interact with their families, other people, and their interpersonal connections and activities. It’s also been said that Privacy is about a person’s Lawful claim to decide how much of himself he wants to disclose with others, as well as his control over when, where, and under what conditions he doe...

The EU’s GDPR paved the way for data privacy and protection laws around the world, and one of the latest is the emerging Personal Data Protection Bill in India. While organizations in India already adhere to international data privacy laws, including GDPR when serving overseas customers, as well as the restrictions set out in 2000’s Information Technology Act, neither directly and specifically addresses the personal data of consumers within India’s borders. · Thursday, April 7th, 2022 The EU’s GDPR paved the way for data privacy and protection laws around the world, and one of the latest is the emerging Personal Data Protection Bill in India. While organizations in India already adhere to international data privacy laws, including GDPR when serving overseas customers, as well as the restrictions set out in 2000’s What is India’s Personal Data Protection Bill? The proposed law is called the Personal Data Protection Bill, or PDP for short. The • Restricting companies to collecting only necessary information • Limiting the reasons for why data can be collected and processed • Ensuring consent is given for data use Protecting Personal Data in India Initially researched in 2017 and proposed in 2019, the PDP could be passed in Parliament’s current session, with portions coming into effect as early as the first half of 2022. Data protection is made up of the steps a business takes to ensure data is private and secure. While data protection is the overarching umbrella that covers ...

New legislation sets out to bring India in line with international best practice, but what will this look like in action? ANALYSIS This year, India should become the latest large economy to introduce a comprehensive data privacy law. Until now, the personal data of India’s population of 1.4 billion people has been protected by the Although the act has been amended repeatedly since, there is a consensus in both the public and private sectors that India now needs specific personal data privacy legislation. Moreover, the Indian authorities want to bring the country’s data protection law in line with international best practice, with the European Union’s The What is the Personal Data Privacy Bill? Both the IT Act and India’s Lawmakers in India feel that existing laws put the nation at a disadvantage internationally and have failed to keep up with developments such as the digitization of commerce and services and the growth of social media. “The Indian Personal Data Protection Bill (PDPB) is a proposal that came from the Srikrishna Committee to modernize the laws that govern personal data in India,” Nader Henein, VP analyst at research firm Gartner, tells The Daily Swig. “Even though India recognizes the right to privacy within its constitution and there have been some amendments to the Information Technology Act (2000) that provide protections for the mishandling of personal information, there is no unified privacy law in place today.” The reform process started in 2017, when ...

By submitting this form, you will receive the information requested as well as sales and/or marketing communication on resources, news, and events related to the OneTrust suite of solutions. You can unsubscribe from receiving communications or manage the types of communication you would like to receive by visiting our By submitting this form, you will receive the information requested as well as sales and/or marketing communication on resources, news, and events related to your area of interest within the OneTrust suite of solutions. You can unsubscribe from receiving communications or manage the types of communication you would like to receive by visiting our By checking this box, you agree to receive sales and/or marketing communication on resources, news, and events related to your area of interest within the OneTrust suite of solutions. You can unsubscribe from receiving communications or manage the types of communication you would like to receive by visiting our November 2022 1. Governing Texts The In general, Indian data protection requirements are located in multiple diverse sources, including: • • the • • • rules made by the • rules imposed by the • rules imposed by the • rules imposed by the • rules imposed by the • various decisions of Indian courts; and • The IT Act and the SPDI Rules Most companies, regardless of sector, are most keenly impacted by the IT Act and the SPDI Rules. The IT Act mandates that body corporates (e.g. companies, firms, sole proprietorshi...

K&S Partners | Introduction On 2nd September, 2020, the Ministry of Electronics and Information Technology (MEITY), Government of India invoking its power under section 69A of the Information Technology Act read with the relevant provisions of the Information Technology (Procedure and Safeguards for Blocking of Access of Information by Public) Rules 2009 and in view of the emergent nature of threats, blocked 118 mobile apps. As per the notification issued by MEITY, these apps were engaged in activities which are prejudicial to sovereignty and integrity of India, defence of India, security of State and public order. Further, MEITY had received many complaints from various sources including several reports about misuse of some mobile apps available on Android and iOS platforms for stealing and surreptitiously transmitting users’ data in an unauthorized manner to servers which have locations outside India. The compilation of this data, its mining and profiling by elements hostile to national security and defence of India, which ultimately impinges upon the sovereignty and integrity of India, is a matter of very deep and immediate concern which required emergency measures. This move by MEITY was to safeguard the interests of crores of Indian mobile and internet users. This decision is a targeted move to ensure safety, security and sovereignty of Indian cyberspace. This decision by MEITY has yet again opened up the discussion on the urgent need to have strong Data Protection La...

Law: The regulation of personal data processing is currently limited to the Regulator: There is no general data protection authority. Summary: Data protection has been of growing concern in India since the After much delay, the As of 3 August 2022, the Bill was been withdrawn and is no longer being considered in Parliament. However, on 18 November 2022, the new The Ministry of Electronics and Information Technology of the Government of India ('MeitY') published the draft Digital Personal Data Protection Bill, 2022 ('the Draft Bill') on 18 November 2022 for public consultation, which was open until 2 January 2023. Aaron Kamath and Varsha Rajesh, from Nishith Desai Associates, discuss the content of the draft Bill and its potential impact on businesses. After various legislative predecessors, on 18 November 2022, the Ministry of Electronics and Information Technology ('MeitY') issued the Digital Personal Data Protection Bill, 2022 ('the Bill') for public consultation. In this Insight article, Supratim Chakraborty, Harsh Walia, Shobhit Chandra, Sumantra Bose, Tashi Gyanee, Sanjuktha Yermal, and Shramana Dwibedi, from Khaitan & Co., discuss key differences and similarities between the Bill and the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR'). On 18 November 2022, the Ministry of Electronics and Information Technology ('MeitY') released a draft of the Digital Personal Data Protection Bill, 2022 ('the 2022 Bill'). The 2022 Bill is the fourth iteration o...

New legislation sets out to bring India in line with international best practice, but what will this look like in action? ANALYSIS This year, India should become the latest large economy to introduce a comprehensive data privacy law. Until now, the personal data of India’s population of 1.4 billion people has been protected by the Although the act has been amended repeatedly since, there is a consensus in both the public and private sectors that India now needs specific personal data privacy legislation. Moreover, the Indian authorities want to bring the country’s data protection law in line with international best practice, with the European Union’s The What is the Personal Data Privacy Bill? Both the IT Act and India’s Lawmakers in India feel that existing laws put the nation at a disadvantage internationally and have failed to keep up with developments such as the digitization of commerce and services and the growth of social media. “The Indian Personal Data Protection Bill (PDPB) is a proposal that came from the Srikrishna Committee to modernize the laws that govern personal data in India,” Nader Henein, VP analyst at research firm Gartner, tells The Daily Swig. “Even though India recognizes the right to privacy within its constitution and there have been some amendments to the Information Technology Act (2000) that provide protections for the mishandling of personal information, there is no unified privacy law in place today.” The reform process started in 2017, when ...

The Indian Government has published a new, simplified draft of its Digital Personal Data Protection Bill. What does it say? On 18 November 2022, the Government of India released the long awaited fourth draft of India's proposed privacy law, now renamed as the Digital Personal Data Protection Bill ('Bill'). The Government has sought for feedback on the draft Bill by 17 December 2022. At first glance, the Bill is quite a surprise. It is a completely new draft and not a redraft of previous versions and is much shorter and simpler. It departs substantially from the GDPR model of privacy laws that is quite commonplace today. Applicability The law applies only to personal data that is collected online or which is collected offline, but which is digitised. The law will apply to processing of personal data outside India if this processing is in connection with any profiling of principals in India or any activity of offering goods or services within India. The law also exempts processing of data in India of individuals located outside India under a cross-border contractual arrangement: this essentially covers the offshore/outsourcing industry. Definitions The Bill uses similar terminology as the previous versions. A data subject is referred to as a ' data principal' and a data controller is referred to as a ' data fiduciary'. There is no concept or definition of sensitive personal data. The DPA is referred to as the Data Protection Board of India ('DPBI'). Grounds for collection an...

Categories: Introduction The concept of Privacy dates back to the dawn of human civilization. However, the idea of Privacy is difficult to grasp. The term “Privacy” has taken on a variety of meanings for different academics, and those definitions shift as society itself does. It is possible to trace back its history by looking at arguments in the Constituent Assembly, when Privacy and secrecy were debated. It is clear from the debates in the Constituent Assembly that the Right to Privacy was purposefully omitted from the Constitution. Legislators’ motivations for doing this remain a mystery. Post-independence India’s Constitution does not explicitly acknowledge the Right to Privacy, but precedents in the courts have allowed it to develop. In the instance of Kharak Singh [Image source:Gettyimage Defin i tion of Privacy Rights When discussing its definition, the term “Privacy” is difficult to comprehend. It has been interpreted in several ways. “Right to Privacy,” according to Black’s Law Dictionary, includes “various Rights recognized as inherent in the concept of ordered liberty.” These freedoms protect people’s Right to fundamentally choose how they want to live their lives and interact with their families, other people, and their interpersonal connections and activities. It’s also been said that Privacy is about a person’s Lawful claim to decide how much of himself he wants to disclose with others, as well as his control over when, where, and under what conditions he doe...