Exploring Personal Data Protection- In Conversation
With time we are only going to get more and more reliant on technology for most of the services. That means there will be an increase in the sharing of our personal data with more service providers or platforms.
We only hear that personal data should be shared securely and we have the right to know how it will be utilised. But how many times have we taken care to read the privacy and personal data usage policy?
LawWiser #InConversation with Rajendra Misra, General Counsel, IHCL, discusses what are the key principles and rights concerning personal data protection.
In this video our expert answers –
1.) What are the key principles that apply to the processing of Personal Data protection?
2.) What the key rights individuals have concerning the processing of their Personal Data?
Personal data in India
Personal Data In India is a new law that governs data in the country. The law covers all IT activities, cybercrime, and security and privacy issues.
It provides certain exemptions for certain government agencies and requires them to obtain authorization from the Parliament to collect sensitive personal information.
However, it is unclear what these exemptions are and what type of actions they allow. There are several things to know about the new law before it takes effect.
Draft Personal Protection Bill
The draft Personal Data Protection Bill was introduced in the Indian Parliament on Dec. 11, 2019. It was the subject of intense debate for the past two years. The bill was referred to a joint parliamentary committee for a final report and debated in 2020.
The government is confident that the bill will pass as they have a majority in the two houses of Parliament. The government wants to ensure that the new law is enacted as soon as possible.
The new law will affect almost all businesses in the country. This includes social media and e-commerce and companies based in India or foreign companies dealing with the personal data of individuals in the country.
Small entities have some exemptions, but the new law will impose more stringent conditions for all businesses.
Telecommunication and financial firms already follow some privacy practices. The new law will likely be passed by the end of the year.
This law has two important aspects. It is a vital component of the new Personal Data Protection Bill, and the Act specifies what can happen to a data principal if it is misused. While the law strongly emphasizes protecting citizens’ privacy, there are instances when it does not.
It is called a “data principal,” and digital companies can obtain it to help protect public safety.
In 2010, the government created a committee of experts that looked into protecting personal information. Retd headed the committee. Justice BN Srikrishna. The committee issued a draft of a law that requires companies to comply with the requirements of the law.
Further, the DPA has also mandated that these companies follow certain privacy and confidentiality requirements. It is a significant step in protecting the rights of citizens.
The DPA also addresses the use of geo-location information. The bill also outlines the types of companies that process personal data. It also covers companies incorporated in India and foreign firms that deal with the personal data of individuals in the country.
In addition, the new legislation will protect the privacy of Indian citizens. The new law will be implemented in 2020. The ruling coalition is currently in the process of amending the DPA.
While the new law does not directly affect citizens’ privacy, it will still affect the way personal data is used. While the DPA doesn’t mention privacy, it focuses on personal data by companies that handle sensitive data.
For example, companies may use geo-location information to make personalized advertisements.
It is important to know that this legislation will not have the same effect as the law in the United States. But the changes are certainly a big step forward in the fight against cybercrime.
The Personal Data Protection Bill will also protect the rights of individuals and businesses in India. The new law will require companies to inform citizens about the privacy of their data. The bill will apply to companies that have personal data on a global scale
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