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The past as a compass for the future
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The past as a compass for the future

SMEs and the startup ecosystem in India share concerns about the (retracted) draft Data Protection Bill, 2021 - and the way forward for businesses

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Sweta Dash

Mixing of Personal and non-personal data

The DPB, after the JPC Report, includes both personal and non-personal data. The JPC report mentioned that the scope of this bill ought to be expanded to include “data other than personal data” - data that is not linked to a natural person or personal data that has been anonymized so that identifiability of the person is avoided. The JPC report said that all of this must come under “a single admi… more
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  • 17 Aug 2022

Sweta Dash

Consent Management

The DPB has had several additions that increase non-consensual processing of data, and thereby displace consent from the foundation of a bill that is ostensibly designed for data protection law. more
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  • 15 Aug 2022

Sweta Dash

Geographical restrictions on data - problems with data localization and cross border data flows

Data localization largely refers to the need to confine physical data storage and processing within a jurisdiction’s borders within the country. DPB notes that the imposition of data localization norms can be attributed to mitigation of certain risks in cross-border flow of data and address strategic objectives that include national security and law enforcement, privacy, employment generation, ba… more
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  • Submitted
  • 15 Aug 2022

Sweta Dash

Proposed design and technological architecture changes - problems with Privacy by Design and algorithmic fairness requirements

Privacy by Design essentially approaches privacy from a design-thinking perspective. It suggests that privacy must not be an afterthought in the design architecture but should actually be incorporated into networked data systems and technologies by default, or at least at the outset. With that, privacy then remains proactive and embedded in the design architecture throughout the lifecycle of any … more
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  • 15 Aug 2022

Sweta Dash

Overreaching powers to government and central agencies - problems with government exemptions; fear of data sharing with government and central agencies; anonymized datasets

The 2019 PDP Bill laid down exemptions for government agencies from data regulations prescribed in the Bill. The 2021 DPB continues to retain these exemptions for the government and central agencies, including police, CBI, ED, RAW, IB and UIDAI, after the JPC Report. The draft DPB also has an insertion of a non-obstante provision in Clause 35: more
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  • 17 Aug 2022
Aditya Sujith Gudimetla

Aditya Sujith Gudimetla

Appendix - 1 Primer

Introduction The Personal Data Protection Bill, 2019 (PDP) was introduced to safeguard personal digital data of users. However, it faced criticism regarding certain provisions in its text. The updated 2021 version presented by the Joint Parliamentary Commission (JPC) changed the bill significantly, also prompting debate and criticism. This is an outline with references to some of the key concerns. more
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  • 18 Aug 2022

Sweta Dash

Timeline

2018: The PDP Bill is first drafted by an expert committee headed by Justice BN Srikrishna. more
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  • 18 Aug 2022

Neeta Subbaiah

Appendix - II Interview questionnaire

Survey Questionnaire 1. Are you familiar with data regulations and privacy laws around the world, such as the EU’s General Data Protection Regulation or China’s Personal Information Protection Law? more
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  • 18 Aug 2022

Sweta Dash

Glossary

Personal Data: Data about or relating to a natural person’s directly or indirectly identifiable information. more
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  • Submitted
  • 18 Aug 2022

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