India’s Parliament to consider Data Protection Bill

(India) India is considering the text of a comprehensive data privacy law, which would include provision for fines calculated on turnover. The Times of India reports as follows:

The Indian government is all set to table Personal Data Protection Bill – which proposes to put restriction on use of personal data without explicit consent of citizen – in the current session of Parliament.

As per the proposal, hefty penalties on entities found violating privacy of users will be imposed.

“The Data Protection Bill will be tabled in the current session,” an IT ministry official told.

The draft of Personal Data Protection Bill, 2018 – which is based on the recommendations of the government-constituted high-level panel headed by Justice B N Srikrishna – restricts and imposes conditions on the cross-border transfer of personal data, and suggests setting up of Data Protection Authority of India to prevent any misuse of personal information.

The draft provides for a penalty of Rs 15 crore or 4 per cent of the total worldwide turnover of any data collection entity, including the state, for violation of personal data processing provisions.

“The personal data protection bill will empower an ordinary person to have command over his data. This will prohibit companies from misusing data of public which often leads to breach of privacy of individuals. An entity will have to explicitly share the purpose for which it will use data. The new rule will enable to individuals to take action against misuse of their personal data,” Indian Infosec Consortium CEO Jiten Jain said.

(Privacy press clipping sourced via The Times of India)
Jurisdiction: India

Key takeaways:

  • India may soon have a comprehensive new data privacy law, if the 2018 Bill can be considered and finalised in the present session of Parliament.

  • GDPR-scale fines may increasingly become the norm, if the Indian Bill is anything to go by. The 2018 Bill would allow for fines of up to 4% of “worldwide turnover”.

  • The Bill would also create a “Data Protection Authority of India”, which would be empowered to regulate data privacy at the federal government level and impose fines.

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