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
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?
