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DPDP Bill 2022: What are the new responsibilities for data fiduciaries?

What the new Digital Personal Data Protection (DPDP) Bill 2022 says about the role of data fiduciaries, and what has changed

Key takeaways: Bill removed "social media platforms" from its definition of significant data fiduciaries Many previous provisions like Privacy By Design removed in new Bill. 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 removes "social media platforms" from the Significant Data Fiduciary category, mandates parental consent for procession of children's data and makes data fiduciaries responsible for data breaches. The feedback on this draft Bill "in a chapter wise manner" can be sent by December 17, 2022 via 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; Definition of Significant Data Fiduciries: The new Bill said that the Centre may notify any Data Fiduciary or class of Data Fiduciaries as Significant Data Fiduciary based on factors like: "a. the volume and sensitivity of personal data processed; b. risk of harm to the Data Principal; c. potential impact on the sovereignty and integrity of India; d. risk to electoral democracy; e. security of the State;…

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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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