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Strengthen users’ rights, ensure DPA’s independence: Dvara Research on Personal Data Protection Bill

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This summary has been made based on the submission uploaded on the Dvara Research website. The author and/or MediaNama have only produced a summary of this document and are not liable for the veracity of the said document. Number of user rights recognised under the Personal Data Protection Bill should increase and it should be easier for users to exercise their rights, Dvara Research said in its submission to the Joint Parliamentary Committee on the Bill. Unlike submissions by industry bodies such as NASSCOM and BSA, Dvara Research's submission focusses at length on preserving and strengthening users' rights. Also, a child should be redefined under the Bill as it could severely restrict children's ability to access data-driven services. For older children, the age threshold, currently at 18 years, and related obligations need to have a graded approach as is the case with the RBI, EU's GDPR, and Office of Australian Information Commissioner. In addition, the Bill must offer time frames for when different provisions and aspects of the Bill will come into force, it proposes. User Rights Expand user rights to strengthen users' position and give them greater recourse against non-complying data fiduciaries. These should include: Right to clear, plain and understandable notice for data collection Right to be asked for consent prior to data collection Right to adequate data security Rights to privacy by design (including privacy by default) Right to breach notification Right relating to automated decision-making Right to informational privacy Right against harm Allow users to approach…

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