Comments on India's (Draft) Personal Data Protection Bill, 2018

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See all articles by Rishab Bailey

Rishab Bailey

National Institute of Public Finance and Policy

Vrinda Bhandari

Independent

Smriti Parsheera

National Institute of Public Finance and Policy

Faiza Rahman

National Institute of Public Finance and Policy

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 India's (Draft) Personal Data Protection Bill, 2018 (October 10, 2018). Available at SSRN: https://ssrn.com/abstract=

Rishab Bailey

National Institute of Public Finance and Policy ( email )

18/2, Satsang Vihar Marg
New Delhi, 110067
India

Vrinda Bhandari

Independent ( email )

No Address Available

Smriti Parsheera (Contact Author)

National Institute of Public Finance and Policy

18/2, Satsang Vihar Marg
New Delhi, 110067
India

Faiza Rahman

National Institute of Public Finance and Policy ( email )

18/2, Satsang Vihar Marg
New Delhi, 110067
India

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