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#NAMA: Data Protection Bill needs to clearly differentiate between data fiduciaries and processors

Cloud computing

“There is absolute lack of clarity around what critical data could mean. When we are re-engineering our systems to comply with the current laws, how do we factor in the uncertainty and the lack of predictability on something like this?” Shweta Rajpal Kohli, Salesforce’s country director for government affairs and public policy (India and South Asia), said. Microsoft's S Chandrashekhar, also agreed that gaps in the Personal Data Protection Bill makes it difficult to predict additional operational burdens placed on companies. Because of lack of clarity on definitions, companies like Salesforce are quite anxious. “There could be additions and deletions, there could changes, making it very hard for companies that putting in place large-scale infrastructure plans and working towards complying with large privacy legislations to work with,” Kohli said. They were speaking at MediaNama’s June 26 discussion on the impact of the Personal Data Protection Bill, 2019, on cloud and telecom services, that was supported by Microsoft and Google. Comments have been edited for clarity and brevity. Cloud service providers: Data processors or data fiduciaries under the Bill? In certain cases, an entity might be both a data fiduciary and a data processor, depending on its products and functions. Microsoft is one such case. “Microsoft is both a data fiduciary and a data processor. We have our services like Office 365 and Dynamics and various other services including our AI and cognitive services where we are a fiduciary, and we have our plain play Azure, IAS and PAS where we are…

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