CORPORATE LAW UPDATE
27th January 2022
Issue No. 22/21-22
JOINT PARLIAMENTARY COMMITTEE REPORT ON THE PERSONAL DATA PROTECTION BILL, 2019
The report of the Joint Parliamentary Committee (“Committee Report”) on the Personal Data Protection Bill, 2019 (“Bill”) was tabled in Parliament on 16th December, 2021.
The report contains a new version of the law titled as, “The Data Protection Act, 2021”, as it is impossible to demarcate between personal and non-personal data, and has recommended regulating both personal and non-personal data under one law to protect privacy, streamline regulation and ensure simplicity.
The Committee Report further provides its recommendations on timeline for implementation of the Bill once it becomes an Act, on data breaches, protection of data of children, data localisation, social media intermediaries, exemption to government agencies etc. The Committee Report provides over 90 recommendations to the Bill.
The Bill is a much-delayed and much-needed legislation that will replace the current outdated and ineffective data protection regime in India. As compared to the current standards, it will help protect the privacy rights of individuals and promote fair and transparent use of data for innovation and growth, unlocking the digital economy.
The Committee Report addresses several unique provisions like combining personal and non-personal data under the same umbrella, coverage of hardware devices, etc. which goes beyond the EU General Data Protection Regulation in certain respects and will present new compliance considerations for many businesses. On implementation it will bring India on par with other countries’ strong data protection laws.
The Committee Report dated 16th December 2021 can be accessed here
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