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Over 19 countries agree on tougher principles for government access to personal data

The Global Privacy Assembly backed these restrictions even as India’s draft PDP bill lets government agencies off the hook.

Governments should not undermine cryptographic systems by mandating backdoors and their access to personal data should be under independent oversight, a resolution adopted by the Global Privacy Assembly on October 25 said. The resolution, titled "Principles for Governmental Access to Personal Data held by the Private Sector for National Security and Public Safety Purposes," was sponsored by 19 privacy commissioners from across the world, including the European Union, Japan, and the United Kingdom. As India gears up for a personal data protection law, whether adequate safeguards around government access to data will be included remains a major concern. Such safeguards outlined by the GPA might be key to ensuring the right to privacy and enabling cross-border data flows. In what conditions should governments access personal data? The GPA resolution outlines several conditions under which governments can access the personal data of users: 1. Legal basis: Government access to personal data must be duly authorised by approved legislation. Such legislation should be: Enacted after public debate and scrutiny Publicly available Written in clear, easily understandable language Precise and specific as to the scope of personal information for which the law is granting governmental access and the conditions for such access. Have respect for the rights to data protection and to privacy, other human rights, and be non-discriminatory. 2. General principle of necessity and proportionality: The specific usage of personal information must be linked to a demonstrably necessary function or activity of government, and the intrusiveness must be proportionate to the goal.…

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