Comments on the (Draft) Personal Data Protection Bill, 2018

36 Pages Posted: 18 Nov 2018

See all articles by Rishab Bailey

Rishab Bailey

xKDR Forum

Vrinda Bhandari

Independent

Smriti Parsheera

Indian Institute of Technology (IIT), Delhi; CyberBRICS Project, FGV Law School

Faiza Rahman

University of Melbourne - Melbourne Law School

Date Written: October 10, 2018

Abstract

India is currently in the process of adopting a new legal framework to govern the protection of personal data. This paper contains our comments on the draft Personal Data Protection Bill, 2018 that was prepared by Committee of Experts headed by Justice B.N. Srikrishna. We note that the draft Bill offers a fairly comprehensive set of data protection principles and rights to data subjects, particularly in relation to processing by private entities. However, there are several key areas where the positions adopted by the Bill need to be revisited. This includes provisions relating to the structure and design of the Data Protection Authority, role of adjudication officers, cross border transfer of data and scope of exemptions under the law, particularly in relation to government agencies.

Keywords: Data Protection, Privacy, Localisation, Suveillance, India, Srikrishna Committee

Suggested Citation

Bailey, Rishab and Bhandari, Vrinda and Parsheera, Smriti and Rahman, Faiza, Comments on the (Draft) Personal Data Protection Bill, 2018 (October 10, 2018). Available at SSRN: https://ssrn.com/abstract=3269735 or http://dx.doi.org/10.2139/ssrn.3269735

Rishab Bailey

xKDR Forum ( email )

Vrinda Bhandari

Independent ( email )

Smriti Parsheera (Contact Author)

Indian Institute of Technology (IIT), Delhi ( email )

CyberBRICS Project, FGV Law School ( email )

FGV Law School

Faiza Rahman

University of Melbourne - Melbourne Law School ( email )

185 Pelham Street
Melbourne, VIC 3010
Australia

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