<p>The world’s second-largest data market, India on Thursday (August 3) moved a step closer to having its major privacy bill, which had been in-the-making for the last five years.</p>

<p>India’s IT minister Ashwini Vaishnaw tabled the Digital Personal Data Protection (DPDP) Bill, 2023 in the parliament a year after an older version of the draft was withdrawn following criticism from tech giants.&nbsp;</p>

<h2><strong>Provisions of the bill</strong></h2>

<p>Named as the Digital Personal Data Protection Bill, this proposed law aims to grant significant decision-making authority to the Central government.&nbsp;</p>

<p>This authority encompasses the ability to exempt specific data-handling entities, such as startups, from certain regulations, if deemed necessary. Additionally, it permits the processing of children's data, provided the responsible entity demonstrates sufficient protective measures.</p>

<p>Under the proposed law,&nbsp;the government will also have the power to identify countries where the transfer of individuals' personal data is prohibited, a change from the previous bill draft that suggested allowing data transfers to "notified countries and territories."</p>

<h2><strong>Severe penalty of as much as $30 million</strong></h2>

<p>The bill mandates that the public must provide accurate personal information and refrain from impersonating others. Failure to adhere to these responsibilities may result in penalties for individuals, ranging up to $121 (10,000 Indian rupees).&nbsp;</p>

<p>For data-handling entities that violate the law, fines could be as high as $30 million (250 crore&nbsp;Indian rupees).</p>

<p>The bill outlines the provision of appealing decisions made by the data protection board to the Telecom Disputes Settlement and Appellate Tribunal within a 60-day timeframe.</p>

<h2><strong>Tight regulations around user data</strong></h2>

<p>The bill specifies&nbsp;that entities collecting user data must obtain explicit consent from users. Consent requests should be communicated in clear and simple language.&nbsp;</p>

<p><strong>Watch:&nbsp;"Data Protection Bill is much needed in our current scenario,"&nbsp;says Rahul Matthan, Partner, Trilegal</strong></p>

<div class="ui-state-default" contenteditable="false">
<div class="twitter-block" draggable="false">
<div class="videoWrapper trancodeVideo"><iframe allowfullscreen="" autoplay="1" class="includeVideo" frameborder="0" height="350" src="https://www.wionews.com/videos/data-protection-bill-is-much-needed-in-our-current-scenario-says-rahul-matthan-partner-trilegal-538748/embed" style="width:100%;max-width:560px;" width="560"></iframe></div>
</div>
<a class="close-mark close-div" href="#" id="jqclosemark">×</a></div>

<p>Users also retain the right to revoke their consent at a later time. Moreover, the bill introduces a provision for establishing a mechanism to address grievances, utilising consent managers to assist users in giving, managing, reviewing, and withdrawing their consent.</p>

<h2><strong>Voluntary disclosure of a breach</strong></h2>

<p>The introduced bill also brings forth the idea of companies making voluntary disclosures in the event of a data or security breach, coupled with an alternate dispute resolution system aimed at alleviating the load on the judicial system.&nbsp;</p>

<p>A senior official from the government was quoted by Economic Times as saying, “If a company makes a mistake, they have the option of voluntary disclosure, it's like the plea bargain provision in the US law.”</p>

<div class="ui-state-default" contenteditable="false">
<div class="twitter-block" draggable="false">
<p><strong>WATCH WION LIVE HERE</strong></p>

<p><iframe allow="accelerometer; autoplay; encrypted-media; gyroscope; picture-in-picture" allowfullscreen="" frameborder="0" height="350" loading="”lazy”" src="https://www.wionews.com/live-tv/embed?autoplay=1&amp;mute=1" width="100%"></iframe></p>
</div>
<a class="close-mark close-div" href="#" id="jqclosemark">×</a></div>

<p>&nbsp;</p>


The world’s second-largest data market, India on Thursday (August 3) moved a step closer to having its major privacy bill, which had been in-the-making for the last five years.

The world’s second-largest data market, India on Thursday (August 3) moved a step closer to having its major privacy bill, which had been in-the-making for the last five years. India’s IT minister Ashwini Vaishnaw tabled the Digital Personal Data Protection (DPDP) Bill, 2023 in the parliament a year after an older version of the draft was withdrawn following criticism from tech giants. Provisions of the bill Named as the Digital Personal Data Protection Bill, this proposed law aims to grant significant decision-making authority to the Central government. This authority encompasses the ability to exempt specific data-handling entities, such as startups, from certain regulations, if deemed necessary. Additionally, it permits the processing of children's data, provided the responsible entity demonstrates sufficient protective measures. Under the proposed law, the government will also have the power to identify countries where the transfer of individuals' personal data is prohibited, a change from the previous bill draft that suggested allowing data transfers to "notified countries and territories." Severe penalty of as much as $30 million The bill mandates that the public must provide accurate personal information and refrain from impersonating others. Failure to adhere to these responsibilities may result in penalties for individuals, ranging up to $121 (10,000 Indian rupees). For data-handling entities that violate the law, fines could be as high as $30 million (250 crore Indian rupees). The bill outlines the provision of appealing decisions made by the data protection board to the Telecom Disputes Settlement and Appellate Tribunal within a 60-day timeframe. Tight regulations around user data The bill specifies that entities collecting user data must obtain explicit consent from users. Consent requests should be communicated in clear and simple language. Watch: "Data Protection Bill is much needed in our current scenario," says Rahul Matthan, Partner, Trilegal × Users also retain the right to revoke their consent at a later time. Moreover, the bill introduces a provision for establishing a mechanism to address grievances, utilising consent managers to assist users in giving, managing, reviewing, and withdrawing their consent. Voluntary disclosure of a breach The introduced bill also brings forth the idea of companies making voluntary disclosures in the event of a data or security breach, coupled with an alternate dispute resolution system aimed at alleviating the load on the judicial system. A senior official from the government was quoted by Economic Times as saying, “If a company makes a mistake, they have the option of voluntary disclosure, it's like the plea bargain provision in the US law.” WATCH WION LIVE HERE ×

India: Govt tables data bill in parliament with penalties as high as $30mn for violators

<p>India's Information Technology ministry on Friday (November 18) proposed a new draft of country's digital personal data protection bill. The provisions in the bill allow cross-border transfer of some users' data with "certain notified countries and territories". This is being considered a relief to Big Tech. Some social media giants have been at odds with Indian government in recent years over the issue of personal data.</p>

<p>The government in August withdrew the contentious Personal Data Protection (PDP) Bill that saw 81 amendments in the past three years, aiming to introduce a new, sharper bill that fits into the comprehensive legal framework and protects the data of billions of citizens.</p>

<p>"The Central government may, after an assessment of such factors as it may consider necessary, notify such countries or territories outside India to which a Data Fiduciary may transfer personal data, in accordance with such terms and conditions as may be specified," the new draft bill read.</p>

<p>The new bill has also has provision of harsh penalties of up to USD 30 million if companies fail to prevent data breaches.</p>

<p>"Failure of Data Processor or Data Fiduciary to take reasonable security safeguards to prevent personal data breach under sub-section (4) of section 9 of this Act" will cost a maximum penalty of USD 30 million.</p>

<p>"Personal data breach" means any unauthorised processing of personal data or accidental disclosure, acquisition, sharing, use, alteration, destruction of or loss of access to personal data, that compromises the confidentiality, integrity or availability of personal data," the draft bill said.</p>

<p>The bill has now been made public for consultation. The ministry will hear views and suggestions from the public until December 17.</p>

<p>"The purpose of this Act is to provide for the processing of digital personal data in a manner that recognises both the right of individuals to protect their personal data and the need to process personal data for lawful purposes, and for matters connected therewith or incidental thereto," said the draft.</p>

<p>On the matter of data storage, the draft bill says that "the storage should be limited to such duration as is necessary for the stated purpose for which personal data was collected".</p>

<p>Similar to Europe`s GDPR, the proposed Indian bill will apply to companies operating in the country and to any entities processing the data of Indian citizens.</p>

<p>Rupinder Malik, Partner at law firm JSA, said that the draft bill has simplified the proposed data protection regime and done away with some contentious clauses which caused industry pushback in earlier versions.</p>

<p>"Particularly, data mirroring, data localisation requirements, and overall compliances appear to be limited compared to the previous Bill. The legislative intent appears to be tech and IT business friendly, focused on facilitating cross-border data flows," said Malik.</p>

<p><em>(With inputs from agencies)</em></p>

<p><em>You can now write for wionews.com and be a part of the community. Share your stories and opinions with us <a href="https://www.wionews.com/content-contribution-registration-form"><strong>here</strong></a>.</em></p>

<p><strong><em>WATCH WION LIVE HERE</em></strong></p>

<div class="ui-state-default" contenteditable="false">
<div class="twitter-block" draggable="false"><iframe allow="accelerometer; autoplay; encrypted-media; gyroscope; picture-in-picture" allowfullscreen="" frameborder="0" height="350" loading="”lazy”" src="https://www.wionews.com/live-tv/embed?autoplay=1&amp;mute=1" width="100%"></iframe><a class="close-mark close-div" href="#" id="jqclosemark">×</a></div>

<p>&nbsp;</p>
</div>


India's Information Technology ministry on Friday (November 18) proposed a new draft of country's digital personal data protection bill. The provisions in the bill allow cross-border transfer of some users' data with "certain notified countries and territories".

India's Information Technology ministry on Friday (November 18) proposed a new draft of country's digital personal data protection bill. The provisions in the bill allow cross-border transfer of some users' data with "certain notified countries and territories". This is being considered a relief to Big Tech. Some social media giants have been at odds with Indian government in recent years over the issue of personal data. The government in August withdrew the contentious Personal Data Protection (PDP) Bill that saw 81 amendments in the past three years, aiming to introduce a new, sharper bill that fits into the comprehensive legal framework and protects the data of billions of citizens. "The Central government may, after an assessment of such factors as it may consider necessary, notify such countries or territories outside India to which a Data Fiduciary may transfer personal data, in accordance with such terms and conditions as may be specified," the new draft bill read. The new bill has also has provision of harsh penalties of up to USD 30 million if companies fail to prevent data breaches. "Failure of Data Processor or Data Fiduciary to take reasonable security safeguards to prevent personal data breach under sub-section (4) of section 9 of this Act" will cost a maximum penalty of USD 30 million. "Personal data breach" means any unauthorised processing of personal data or accidental disclosure, acquisition, sharing, use, alteration, destruction of or loss of access to personal data, that compromises the confidentiality, integrity or availability of personal data," the draft bill said. The bill has now been made public for consultation. The ministry will hear views and suggestions from the public until December 17. "The purpose of this Act is to provide for the processing of digital personal data in a manner that recognises both the right of individuals to protect their personal data and the need to process personal data for lawful purposes, and for matters connected therewith or incidental thereto," said the draft. On the matter of data storage, the draft bill says that "the storage should be limited to such duration as is necessary for the stated purpose for which personal data was collected". Similar to Europe`s GDPR, the proposed Indian bill will apply to companies operating in the country and to any entities processing the data of Indian citizens. Rupinder Malik, Partner at law firm JSA, said that the draft bill has simplified the proposed data protection regime and done away with some contentious clauses which caused industry pushback in earlier versions. "Particularly, data mirroring, data localisation requirements, and overall compliances appear to be limited compared to the previous Bill. The legislative intent appears to be tech and IT business friendly, focused on facilitating cross-border data flows," said Malik. (With inputs from agencies) You can now write for wionews.com and be a part of the community. Share your stories and opinions with us here. WATCH WION LIVE HERE ×

India: New data privacy bill allows cross-border transfer but has harsh penalties too

data-privacy-bill

Data Privacy Bill, News on Data Privacy Bill, stories on Data Privacy Bill, articles on Data Privacy Bill, Data Privacy Bill stories at Wion, Data Privacy Bill news, Data Privacy Bill latest news

data privacy-bill

India: Govt tables data bill in parliament with penalties as high as $30mn for violators

India: New data privacy bill allows cross-border transfer but has harsh penalties too