Accepting submissions till 13 Sep 2021, 09:15 AM
Not accepting submissions
Key concerns and recommendations about the PDP Bill (2019 draft) are listed below.
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Accepting submissions till 13 Sep 2021, 09:15 AM
Bhavani Seetharaman Review of Definitions under the PDPAmbiguous definitions for compliance (Clauses 14, 24) more
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Bhavani Seetharaman Data localization and international policyCompetitive Disadvantage - Clause 34 Clause 34 highlights governance over data transfers between different countries, giving exceptions to only certain allowances such as emergencies. By doing so, the ease of doing business with multiple entities1 situated in different countries becomes more complex, resulting in loss of opportunities for Indian businesses to compete on the global stage. United N… more
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Bhavani Seetharaman Costs of complianceExpensive Hiring Requirements (Clause 30) Clause 30 in the draft PDP 2019 Bill requires hiring a Data Protection Officer (DPO) for implementing grievance redressal mechanisms and for accountability during inquiries in case of non-compliance. There is no clarity about whether such a role can be outsourced to third parties who specialize in such compliance requirements. The European General Data Pr… more
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Bhavani Seetharaman Power of the Data Protection Authority (DPA) over Personal Data GovernanceClauses 93 and 94 allow the DPA to hire members of the Appellate Tribunal to finalize PDP regulations. more
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Bhavani Seetharaman Governance of Non Personal Data and Intersection with Other LegislationJurisdiction Clause 91 allows for the collection of Non Personal Data (NPD). Members and representatives from the startup and investor community in India have shared strong opinions that India needs a PDP Bill first before NPD regulation can be considered 1. more
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Bhavani Seetharaman Conclusion and recommendationsBroad recommendations for smaller organizations: For smaller organizations to comply with PDP, two suggestions have been made: more
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Bhavani Seetharaman GlossaryCDO: Chief Data Officer DF: Data Fiduciary DPA: Data Protection Authority DPO: Data Protection Officer GDP: Gross Domestic Product GDPR: General Data Protection Regulation (European Union Regulation, 2016) JPC: Joint Parliamentary Committee on the Data Protection Bill 2019 MSME: Ministry of Small and Medium Enterprises NPD: Non Personal Data (framework) PDP: The Personal Data Protection Bill (201… more
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