Indian Authorities Withdraws Knowledge Safety Invoice – Privateness Safety – India


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Yesterday the Indian Authorities formally withdrew the draft
Private Knowledge Safety Invoice, 2019 (“Invoice”) from
Parliament. Typically referred to as ‘India’s GDPR’, this Invoice
sought to control information processing actions of entities
amassing information of people in India. You may learn the
withdrawal announcement right here.

Here’s a transient primer on what this Invoice meant for companies
working in India, and what to anticipate subsequent.

  • The Invoice was developed following the Indian Supreme Court docket’s
    2017 ruling in Ok. S. Puttaswamy holding that informational privateness
    is protected as a basic proper beneath the Indian Structure.
    On this resolution the courtroom additionally emphasised the necessity for a knowledge
    safety legislation. Following this resolution, a committee was arrange in
    2017 to evaluation Indian privateness legislation, and following its report the
    Indian Authorities launched an preliminary model of the Invoice in
    2018.
  • The Invoice led a chequered life, and went by means of quite a few rounds
    of public debate and session. The textual content of the Invoice was
    criticised by know-how corporations for sure business-unfriendly
    measures, resembling information localisation and heavy ranges of financial
    fines for non-compliance. Alternatively, civil society teams
    criticised it for enabling authorities surveillance, and exempting
    the Indian Authorities from most of its guidelines and limitations.
  • In 2021, a Joint Committee of the Indian Parliament
    (“JPC”) urged 81 amendments to the draft Invoice. The
    JPC additionally beneficial that the Invoice be amended to incorporate
    ‘non-personal information’ inside its scope; one thing that has
    by no means been part of the Invoice. You may learn the JPC full report right here. It now appears {that a} mixture of
    public criticism, and in depth JPC feedback, has led to the Indian
    Authorities withdrawing the Invoice and in search of a ‘clear
    slate’.
  • The Indian Authorities is now engaged on making ready a brand new
    complete invoice. We perceive that additionally it is making
    corresponding enabling adjustments to the Indian Data Expertise
    Act, 2000. A brand new invoice could also be launched within the Indian Parliament as
    quickly as its 2022 Winter Session, starting in December. It stays
    to be seen if a brand new draft invoice might be launched earlier than December
    2022 for public consultations, like final time.

We are going to proceed to trace the matter and maintain you up to date on how
the brand new regulation on information privateness develops sooner or later.

The content material of this text is meant to supply a normal
information to the subject material. Specialist recommendation must be sought
about your particular circumstances.

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