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Data Protection Bill 2021: What are the obligations of data fiduciaries?

Data collection and processing limits proposed by the JPC in a report that also redefines social media platforms.

MediaNama has covered all important aspects of the Data Protection Bill 2021: Powers of the Government | Data Protection Authority | Data Localization | Data Breaches | Data Fiduciaries | Data Protection Officers | Children's Data | With regards to the obligations and penalties of data fiduciaries, the Joint Parliamentary Committee (JPC) on the Personal Data Protection Bill has recommended the inclusion of social media platforms as significant data fiduciaries, restricting the adjudicating officer's discretion to impose fines for violation or insubordination, and more. Definition of data fiduciaries The committee has recommended amending the definition of data fiduciaries to include ‘non-government organisations’. Earlier draft: The older definition did not mention non-government organisations and instead was only restricted to state, company, a juristic entity, or an individual.  It said that a data fiduciary means "any person, including the State, a company, juristic entity or any individual who alone or in conjunction with others determines the purpose and means of processing of personal data.” Reason for change: The committee noted that NGOs should be recognised as data fiduciaries, and brought under the act, as they play a significant role in collecting data for various purposes in rural areas. Classification of significant data fiduciaries The committee recommended classifying social media platforms as significant data fiduciaries, instead of intermediaries and fiduciaries processing children's data or providing services to them. It also laid down that significant data fiduciaries be regulated by their relevant sectoral regulators. The committee's new definition for social media platforms read: "A…

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I cover health technology for MediaNama but, really, love all things tech policy. Always willing to chat with a reader! Reach me at anushka@medianama.com

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