India releases draft of new data protection bill – Mr. Abhishek Malhotra

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India releases draft of new data protection bill - Mr. Abhishek Malhotra

Mr. Abhishek Malhotra (Managing Partner, TMT Law Practice) said,


“The draft Bill has watered down the objective of a data privacy and protection framework. It appears to give a simpler framework for people to be able to adopt it seamlessly. Unfortunately, however, the scope and applicability provisions have also been curtailed and limited to where collection is online or digitized and where Indians are targeted for profiling. This is a departure from where the focus was on the entities, their activities and presence.  The qualified title adding “Digital” to the bill, does not add any value to the nature of the legislation but just seems to be one shot amongst a slew of “digital India” policies and legislations that the government intends to roll out.

One welcome aspect is that along with rights of the data principals prescribed within the Bill, there is explicit mention of the duties that the Digital Nagrik will have to adhere to. This is likely to bring in welcome reinforcements to the onerous obligations of the data fiduciaries.”

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