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DPDP Bill, 2022: Personal data processing now primed with ‘deemed consent’, and other changes

Digital Personal Data Protection (DPDP) Bill, 2022 has been announced with new provisions on withdrawing consent, and on ‘deemed consent’

Key takeaways: Personal data can be processed for a "lawful purpose" which is any purpose not forbidden by law Government introduces 'deemed consent' in case of public interest or any law Data can now be retained for "legal or business purposes" Data fiduciaries to give itemised notice before requesting a Data Principal's consent to process personal data The Government of India came out with the fourth version of the data protection Bill, now dubbing it Digital Personal Data Protection Bill, 2022. In this version, the Bill brings back "lawful purpose" of personal data processing, introduces deemed consent and consent manager among other changes. The feedback on this draft Bill "in a chapter wise manner" can be sent by December 17, 2022 using the MyGov website shared by the government. The notice also specified that "no public disclosure of the submissions will be made." Definitions as per the new Bill The new Bill uses the following terms: Data Fiduciary: Any person who alone or in conjunction with other persons determines the purpose and means of processing of personal data; Data Principal: The individual to whom the personal data relates and where such individual is a child includes the parents or lawful guardian of such a child; Data Processor: Any person who processes personal data on behalf of a Data Fiduciary; Data Protection Officer: An individual appointed as such by a Significant Data Fiduciary under the provisions of this Act Changes in obligations of data fiduciaries Bringing back lawful purpose in processing…

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I'm interested in the shaping and strengthening of rights in the digital space. I cover cybersecurity, platform regulation, gig worker economy. In my free time, I'm either binge-watching an anime or off on a hike.

MediaNama’s mission is to help build a digital ecosystem which is open, fair, global and competitive.

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