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The Data Protection Bill, 2021, which was tabled in the parliament on December 16, will define foundational norms around privacy and data protection in India.

MediaNama’s White Paper offers a 360-degree overview of the Data Protection Bill 2021:

  • Executive summaries of key focus areas for an international audience
  • Smart analysis of the bill’s clauses from domain experts
  • Salient issues raised by various stakeholders included

 

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What does the white paper include?

The white paper includes crisp summaries and analysis of key issues in the bill, including:

  • Powers of the government: The government should have absolute power over the DPA and be able to exempt any government body under certain limitations. What are those limitations
  • Data Localization: All sensitive personal data must be stored in India and can be transferred outside only under specific circumstances. What are those circumstances?
  • Data Protection Officers: Data Fiduciaries will have to hire Data Protection Officers (DPO), who will be held responsible for compliance with the Bill. What are the responsibilities of the DPO?
  • Data Protection Authority: A Data protection authority (DPA) will look into data breaches and ensure compliance with the provisions of the bill. What powers does the DPA have?
  • Children’s Data: Data fiduciaries can process a child’s personal data only after they fulfill certain conditions. What are those conditions?
  • Data Fiduciaries: Data fiduciaries will have to fulfill a list of obligations and adhere to limitations around processing personal data, or face penalties. What are the obligations, and how will they be penalized?
  • Non-personal data: Non-personal data is now included under the ambit of the Data Protection Bill 2021. How does the bill propose to regulate it?
  • Data Breaches: When data breaches occur, the DPA will be empowered to direct fiduciaries on remedial measures. What protocols does the bill set around data breaches?
  • Rights of individuals: Individuals have been given control over their data in various ways, including the right to be forgotten. What rights will individuals have?

MediaNama is the premier source of information and analysis on Technology Policy in India. More about MediaNama, and contact information, here.

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© 2008-2021 Mixed Bag Media Pvt. Ltd. Developed By PixelVJ