‘Area of ​​concern in Parliamentary panel report on Data Protection Bill: Non-personal data, want for localization’

A serious bone of competition, for instance, is the big selection of exemptions given to the federal government in the best way it will likely be in a position to deal with and course of information, stated Kazim Rizvi, founder, Dialogue, a public coverage suppose tank.

Rizvi stated Section 35 of the Bill, which had the best variety of dissent notes filed by the members of the opposition, has seen little change within the final two years regardless of all of the deliberations. Its phrases granted have been broad.

He stated, “While the JPC has added in its interpretation to this clause in its recommendations, that the expression process used in the clause includes ‘equitable, fair, fair and proportionate process’, the broad nature of the conditions and the manner prescribed. Exempting government agencies from the entirety of the bill has not addressed the monitoring concerns of this provision.”

Similarly, the inclusion of non-personal information inside the ambit of the Bill could also be problematic and at odds with the target of the non-personal information governance framework, which is to derive most worth from the info, BSA-The Software Alliance, A enterprise group based by Microsoft stated in a press release.

Venkatesh Krishnamurthy, India’s supervisor of enterprise, stated, “The removal of provisions on non-personal data, avoiding mandatory data localization and promoting cross-border data transfer in the final bill would support the objectives of the bill, which seeks to protect personal data and Privacy protection is to be enhanced.” the group stated.

Global corporations and enterprise teams are additionally nervous in regards to the necessary information localization clause and restrictions imposed on cross-border information switch. Experts are of the opinion that this “could hinder the ability to enhance network resilience and remediate in case of a data breach or outage”.

“We are concerned that the proposed data localization requirements and data transfer restrictions will ultimately undermine data protection and economic opportunity in India by disrupting interoperability with emerging international norms and practices,” Global Data Alliance stated in a press release.

However, the JPC report was welcomed by trade group Nasscom, which stated it will proceed to work with the federal government in the direction of passing a regulation that brings regulatory certainty to higher debate on sure elements. Debjani, president of the affiliation, stated, “While the JPC maintains positive things with the 2019 Bill, and has accepted many more recommendations from industry, further deliberations will be needed in some areas – especially non- Expanding the scope to cover personal data.” Ghosh stated.

Pradip S Mehta, normal secretary of coverage group CUTS International, stated the JPC’s advice that every one social media corporations be thought-about publishers if they aren’t appearing as intermediaries would put a “disproportionate regulatory burden on smaller social media intermediaries”. might. “The committee paints all social media platforms with the same brush, which may adversely impact innovation and growth in the domestic ecosystem,” he added.

Information Technology Industry Council’s nation supervisor Kumar Deep stated that every one the brand new provisions launched ought to be totally mentioned with the stakeholders earlier than being positioned within the remaining invoice. “Certain provisions, including non-personal data, hardware testing and compliance, should be discussed with stakeholders to ensure that they do not severely restrict India’s ability to do business or impede innovation and future investments.” cease.”