The Path to Recognition of Data Protection in India: The Role of the GDPR and International Standards

National Law Review of India, vol. 33 no. 1 (2021)

23 Pages Posted: 23 Nov 2021

See all articles by Christopher Kuner

Christopher Kuner

Vrije Universiteit Brussel (VUB) - Law, Science, Technology & Society Research Group; Maastricht University - Faculty of Law; Centre for European Legal Studies; University of Copenhagen - Faculty of Law

Date Written: November 20, 2021

Abstract

By providing rules of the road for data processing, data protection legislation has become a key enabler of the information society. The European Union’s General Data Protection Regulation (GDPR) has been highly influential around the world, and the recent Schrems II judgment of the Court of Justice of the EU, which strengthened restrictions on international data transfers under EU law, has important implications for India as it prepares to adopt data protection legislation. While the Puttaswamy judgment that recognised privacy as a fundamental right represents a great stride forward for privacy protection in India, legislation is necessary to establish the right to data protection in the Indian legal system. The proposed Personal Data Protection Bill does not provide a sufficiently high standard of data protection, particularly in light of surveillance initiatives and legal mandates to collect data under Indian law. India should view the strengthening of its legal framework for data protection not just as a way to receive an EU adequacy decision, but also as having broad societal benefits. In adopting data protection legislation India should align itself both with the GDPR and also more broadly with data protection standards of important international bodies, such as those of the Council of Europe and the OECD.

Keywords: India, data protection, privacy, GDPR, Schrems, EU data protection

Suggested Citation

Kuner, Christopher, The Path to Recognition of Data Protection in India: The Role of the GDPR and International Standards (November 20, 2021). National Law Review of India, vol. 33 no. 1 (2021), Available at SSRN: https://ssrn.com/abstract=3964672

Christopher Kuner (Contact Author)

Vrije Universiteit Brussel (VUB) - Law, Science, Technology & Society Research Group ( email )

Pleinlaan 2
Brussels, 1050
Belgium

Maastricht University - Faculty of Law ( email )

P.O. Box 616
Maastricht, 6200
Netherlands

Centre for European Legal Studies ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

University of Copenhagen - Faculty of Law ( email )

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Studiestrade 6
Copenhagen, DK-1455
Denmark

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