Critical concerns with India’s upcoming Digital Personal Data Protection Bill

Critical concerns with India’s upcoming Digital Personal Data Protection Bill

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Kamesh Shekar

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Kamesh Shekar

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With the Digital Personal Data Protection Bill set to be tabled during Parliament’s upcoming monsoon session, key concerns around the bill—from age of consent to exemptions for the government—remain.

July 11, 2023

9 MINS READ

Key Takeaways

  • The Union Cabinet has cleared the Digital Personal Data Protection Bill, which will likely be tabled in the Monsoon Session of Parliament
  • The bill has some laudable provisions, especially with regard to data localisation
  • However, concerns remain. Especially around issues such as age of consent, government exemptions, and the cross-border flow of data
  • Addressing these issues will be vital to the seamless implementation of a comprehensive data privacy regime

Just shy of six years on from the landmark Puttaswamy judgement—where India’s apex court ruled that privacy was a constitutional right—India is now a step closer to protecting the data of its citizens. This past week, the long-delayed Digital Personal Data Protection Bill 2022 (DPDPB) was finally cleared by the Union Cabinet and is anticipated to be tabled in the Monsoon Session of Parliament later this month.

The bill couldn’t be more critical to India’s digital future. With over 700 million Indians having access to the internet in 2022, according to a study by the Internet and Mobile Association of India (IAMAI), framing laws to protect the deluge of data flowing almost unrestricted through the country’s digital pipes is more vital than ever.

Made public late last year, the bill has some laudable provisions. For instance, the narrowing of its scope to personal data protection, the relaxation of data localisation rules, and the removal of criminal penalties will go a long way towards helping businesses effectively participate in India’s online future whilst also protecting citizens’ privacy.

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