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Data Protection Bill 2021: How India’s data protection authority will be set up and work

Here’s a detailed look at the various functions of the country’s proposed Data Protection Authority. 

The Data Protection Bill, 2021 presented by the Joint Parliamentary Committee (JPC) has proposed a government-established, singular data protection authority (DPA) that will look into breaches of both personal and non-personal data, ensure compliance of significant data fiduciaries to the provisions of the bill, and so on. Establishment of Data Protection Authority (DPA) (Clause 41) The draft Bill said that a DPA will be established by the Union government by notification, having perpetual succession, common seal with power to acquire, hold and dispose of property and to sue or be sued. Earlier draft: Same as current Bill. Powers of Data Protection Authority (Clause 49) The current draft includes a new power of the data protection authority to appoint any agency authorised by the Central government to monitor, test, and certify hardware and software of computing devices to "prevent any interdiction or seeding that may cause personal data breach". The draft also said that if the Data Protection Authority processes any "personal data" then the authority will be treated as data fiduciary or a data processor. If the authority comes across any confidential data, then the current draft dictates that it will not be allowed to disclose that information unless required under any " law for the time being in force to do so". Other powers include — Monitoring, enforcing a provision of the act “and the rules and regulations made thereunder” Taking prompt action in response to a data breach Maintaining a database of fiduciaries in the form of a data trust…

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Among other subjects, I cover the increasing usage of emerging technologies, especially for surveillance in India

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