India introduces Digital Personal Data Protection Bill 2022

22/11/2022 | Indian Government

The Indian Ministry of Electronics and Information Technology has published its proposal for a new privacy law, the Digital Personal Data Protection Bill, 2022. The draft bill seeks to enable personal data processing while recognising data rights and "the need to process personal data for lawful purposes." An explanatory note outlines how the bill permits cross-border data transfers with "certain notified countries and territories" and establishes a Data Protection Board to oversee compliance and conduct enforcement activities, including the ability to impose financial penalties up to 5 billion rupees. The ministry has opened a consultation which closes on 17 December. 

UPDATE: 221122 - The IAPP has published a review of India's new data protection bill, which seeks to fulfil years of shortcomings with the Indian government's earlier draft data protection legislation. The new bill deals with processing digital personal data within the Indian territory, including provisions from the scrapped Data Protection Bill and fresh takes on data protection issues. The Financial Times (£) reports the bill is more tech-friendly. Meanwhile, The Washington Post reports negatively about the level of privacy protections offered by the newly proposed law, saying: "Government agencies can ask for whatever personal data catches their fancy, keep it as long as they want, use it as they deem fit, and share it with anyone in the name of "sovereignty and integrity of India, security of the state, friendly relations with foreign states, maintenance of public order or preventing incitement to any cognisable offence relating to any of these." What privacy can exist in such conditions?"

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