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The Personal Data Protection (PDP) Bill, 2019, was recently introduced in the Indian Parliament and referred to a Joint Parliamentary Committee for a thorough examination.
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Data Privacy Law in India: Impact on Corporates & Startups
Cyber Laws & Information Security Advisor The Personal Data Protection (PDP) Bill, 2019, was recently introduced in the Indian Parliament and referred to a Joint Parliamentary Committee for a thorough examination. Inspired by Europe’s GDPR, the PDP Bill was proposed to bring a comprehensive update to the current data protection services being provided in India.
Personal Data Rights The proposed bill provides users with numerous personal data rights, including access, correction, portability, and erasure. Cyber Laws & Information Security Advisor
Non-Personal Data Access While the PDP Bill excludes non-personal data from its scope, it still gives the government powers to demand anonymized data and insights from any company to aid in comprehensive policy-making. Cyber Laws & Information Security Advisor
Informed Consent Lawfully processing data will require business entities to provide extensive consent notices to users at the time of data collection. Serving such detailed notices in multiple languages at each data collection instance can be highly difficult and costly for companies and may even cause consent fatigue in users. Cyber Laws & Information Security Advisor
Underage User Data The PDP Bill defines anyone under 18 as a child, so every online entity will need to undertake vigorous age verification and obtain parental consent before processing any child data. Such age-based restrictions may result in children losing access to valuable online services like education, healthcare, and gaming while negatively affecting child-based technological innovations. Cyber Laws & Information Security Advisor
Data Transfer Across Borders Sensitive Personal Data (SPD), including health, finance, biometrics, and undefined Critical Personal Data (CPD), shall be stored locally under the data privacy law in India. Such restricted storage requirements may shut off access to primary global cloud services and the latest technologies for startups. Cyber Laws & Information Security Advisor
Data Protection Authority Of India The Data Protection Authority (DPA) and the central government have been vested with various powers under the PDP Bill, like notifying Significant Data Fiduciaries (SDFs) and classifying categories. new SDP/CDP Cyber Laws & Information Security Advisor
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