India Releases Fresh Draft of Digital Personal Data Protection Bill

I am excited to bring you the latest developments regarding the Digital Personal Data Protection Bill in India. The bill, which is a crucial part of the country's overarching framework of technology regulations, aims to strengthen data protection and privacy rights while fostering innovation and positioning India as a global data processing hub.

After being withdrawn from Parliament last August, the fresh draft of the bill has been released for public consultation. This version has undergone multiple iterations and a review by a Joint Committee of Parliament, following pushback from various stakeholders including tech companies and privacy activists.

One significant aspect of the proposed law is its approach to data transfer. The draft suggests that global data flows may be allowed by default to all jurisdictions, except for a specified negative list of countries where such transfers would be restricted. However, it is anticipated that this provision will be amended, allowing cross-border data flows to all geographies except for those listed in an official blacklist.

This change is aimed at ensuring business continuity for enterprises and positioning India as a crucial participant in the global data transfer network. It also aligns with ongoing trade negotiations, particularly with regions like the European Union.

The draft bill also includes provisions on "deemed consent" and the processing of personal data by government departments. The language around "deemed consent" for private entities may be reworded to impose stricter requirements, while government departments could assume consent based on national security and public interest grounds.

Furthermore, the bill is expected to incorporate a provision that ensures compatibility with pre-existing regulations issued by other Departments or Ministries, avoiding any conflicts.

Critics of the bill have expressed concerns about the wide-ranging exemptions granted to the Centre and its agencies, as well as the perceived dilution of the role of the data protection board. However, proponents argue that the new legislation balances consumer rights to data protection with lightweight obligations for data fiduciaries to avoid hindering innovation and economic growth.

In conclusion, the Digital Personal Data Protection Bill in India represents a significant step towards comprehensive data protection and privacy regulations. As the bill progresses, it will be interesting to observe the impact it has on India's digital landscape and its positioning as a safe destination for data processing.

Stay tuned for more updates on this evolving topic.