India’s draft digital privacy laws! What do they say?
Recently, the new Digital Personal Data Protection Bill, 2022, has been released. The bill lays its focus on personal data.
This one is a reworked version of an earlier draft that focuses on personal information.
This version of the legislation includes heavy penalties for non-compliance.
However, on the other hand, it has eased rules on cross-border data flows that could prove to be great for huge tech companies, with a provision for easier compliance needs for start-ups.
However, everything has hidden loopholes. Here, there could be two possible red flags. These may be a near blanket exemption for government agencies from complying with the slime of the onerous needs as per the Bill.
The second one would be a dilution of the remit of the proposed Data Protection Board, mandated to look after the proposed legislation provisions.
The Ministry of Electronics and IT (MeitY) officials stated that the new draft aims to strike a balance.
It aims to learn from various global approaches, while staying true to the Supreme Court’s ruling on privacy as a fundamental right, coming with reasonable restrictions.
Recently, many comparisons have been made with the General Data Protection Regulation or GDPR by the EU, which has greatly influenced legislation in around 160 nations. However, the Government of India views its Data Protection Bill version as only one of the pieces that act like a part of a larger policy vision for the field of the digital economy.