Personal data also refers to many pieces of information that, when put together, can identify a specific person.
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The Digital Personal Data Protection Bill, 2022, is India’s fourth attempt at formulating a framework for the “processing of digital personal data”. In order to compile and develop a comprehensive set of policies and regulations to advance the Indian privacy laws and regime, several considerations were analysed before allowing for their place in the Digital Personal Data Protection Bill [DPDPB], 2022. This Data Privacy Bill is intended to facilitate the prudent and lawful processing of personal data which keeps the balance between the rights of individuals and the need for processing personal data as per lawful need of the state, alongside incidental activities, if any. This blog shall delve into the DPDP Bill, 2022, in addition to elucidating the implications arising from the 2022 Bill. The genesis of the DPDPB Bill has a chequered history; followed by an unpleasant Personal Data Protection Bill, 2019, which warranted for over 80 amendments and recommendations as prescribed by the Joint Parliamentary Committee, the 2019 Bill was repealed giving way to the newer and much more comprehensive DPDPB, 2022.
Implications arising from the DPDP Bill, 2022
Keeping in mind, the streamlined purpose provided to the Bill, it is rightful to learn and understand the implications arising from it. Not only, this Bill marks some maverick shift from GDPR on many aspects, a range of novel and better suited guidelines have been laid out in the Bill. Few of them are:
Increased individual rights: The Bill grants Indian citizens increased control over their personal data, including the right to access, rectify, and erase their data. This was strengthened by means of introducing the concepts of ‘consent’ and ‘deemed-consent’.
Higher standards for data protection: Organizations must implement appropriate technical and organizational measures to secure personal data and demonstrate compliance with the Bill.
Fines for non-compliance: Organizations can face substantial fines for failing to comply with the Bill. In order to boost the compliance framework for the privacy regime, the constitution of Data Protection Board of India has been discussed.
Global reach: This Bill applies to all organizations processing the personal data of Indian citizens, regardless of where the organization is based. By means of the Bill, cross-border usage and processing of Data shall be enabled while mandating the access to data be made available on-demand.
New obligations for data processors: The Bill imposes direct obligations on data processors, in addition to data controllers, with regards to the processing of personal data.
Click Here: Personal Data Protection Bill