December 18, 2021 9:14:45 am
The JCP recommendations on the Personal Data Protection Bill are in some aspects very similar to global standards such as European Union’s General Data Protection Regulation, but differs in aspects such as jail terms. Take a look:
The similarities between EU’s General Data Protection Regulation and JCP recommendations on Data Protection Bill:
EU: Users must have informed consent about the way their data is processed so that they can opt in or out.
India: Processing of data should be done in a fair and transparent manner, while also ensuring privacy
EU: Supervisory authority must be notified of a breach within 72 hours of the leak so that users can take steps to protect information
India: Data Protection Authority must be informed within 72 hours; DPA will decide whether users need to be informed and steps to be taken
* Transition period
EU: Two-year transition period for provisions of GDPR to be put in place
India: 24 months overall; 9 months for registration of data fiduciaries, 6 months for DPA to start
* Data fiduciary
EU: Data fiduciary is any natural or legal person, public authority, agency or body that determines purpose and means of data processing
India: Similar suggestions; additionally, NGOs which also process data to be included as fiduciaries
Difference between EU’s regulation and JCP recommendations:
* Anonymous information
EU: Principles of data protection do not apply to anonymous information since it is impossible to tell one from another
India: Non-personal data must come under the ambit of data protection law such as non-personal data
EU: No jail terms. Fines up to 20 million euros, or in the case of an undertaking, up to 4 % of their total global turnover of the preceding fiscal year
India: Jail term of up to 3 years, fine of Rs 2 lakh or both if de-identified data is re-identified by any person.
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