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DPDP Bill, 2022: Non-personal data (NPD) not covered under India’s latest data protection bill

In contrast to the 2021 version, the Digital Personal Data Protection Bill, 2022 does not attempt to regulate non-personal data (NPD)

The Digital Personal Data Protection Bill, 2022 does not cover non-personal data (NPD) The Data Protection Bill 2021 covered NPD and was criticised for the same, with experts arguing that NPD should be regulated separately The Personal Data Protection (PDP) Bills of 2018 and 2019 did not cover NPD, but the 2019 version allowed the government to direct companies to provide NPD under certain grounds The Digital Personal Data Protection (DPDP) Bill 2022, announced on 18 November, does not attempt to regulate non-personal data (NPD), with the 24-page Bill not mentioning or referring to the term anywhere. This is in contrast with last year's version, the Data Protection Bill 2021, which was the first version to bring NPD under the ambit of the Data Protection Act, with the JPC noting that NPD is essentially derived from one of the three sets of data— personal data, sensitive personal data, critical personal data — and then anonymised or converted into non-identifiable data. The Ministry of Electronics and Information Technology (MeitY) has invited feedback from the public on the draft Bill by December 17, 2022. The feedback may be submitted on the MyGov website. How did previous versions of the Bill deal with NPD? What the 2018 and 2019 Bill said: The PDP Bill, 2019 and the PDP Bill, 2018 did not apply to NPD. Although, the 2019 version did include provisions that allowed government access to NPD. Section 91(2), for instance, allowed the central government to "direct any data fiduciary or data processor to provide…

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