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Table of Contents
WHAT JUST HAPPENED?
•The Personal Data Protection Bill 2018 has been submitted by the Justice BN Srikrishna committee on Data protection after nearly a year of consultations.
•The Committee has submitted the draft bill and its report on Data Protection to the Ministry of Electronics and Information Technology (MeiTY)
JUSTICE BN SRIKRISHNA HANDS OVER THE REPORT TO IT MINISTER RS PRASAD
BASIC TERMS OF THE DRAFT
•Data – “Data” means and includes a representation of information, facts, concepts, opinions, or instructions in a manner suitable for communication, interpretation, or processing by humans or by automated means (A.I)
BASIC TERMS OF THE DRAFT
BASIC TERMS OF THE DRAFT
EXTRA-TERRITORIAL JURISDICTION
The jurisdiction of the Bill under Section 2 is massive, including both territorial and extra-territorial provisions along the lines of the GDPR. (General Data Protection Regulation) Further, it has horizontal application, applying to both governmental and private actors.
NOTES
- US trade groups, representing companies such as Visa, Mastercard and American Express, have been protesting against an Indian central bank directive which said in April that all payments data should be stored locally within six months.
- Asked about how financial data should be stored, Srikrishna said at a press briefing that the Reserve Bank had “jumped the gun”, adding that a new data protection law will “override” all other notifications and regulations on data storage.
NEW DEFINITIONS OF PERSONAL AND SENSITIVE PERSONAL DATA
- Sensitive personal data (SPD) also contains welcome additions such as religious and political beliefs, caste, intersex/transgender status and official government identifiers (like the PAN number).
STATE PROCESSING ALLOWED FOR ‘PROVISION OF SERVICES’
DATA PROTECTION AUTHORITY OF INDIA
To enforce all of the above, the Centre, by way of a notification, will set up the Data Protection Authority of India, a body that will have meaningful power to monitor and enforce the provisions of the data protection bill.
THE PENALTIES THAT CAN BE LEVIED ARE DIVIDED INTO TWO MAJOR CATEGORIES:
• 1) If a data fiduciary doesn’t follow through on compliance requirements, it can be fined up to Rs 5 crore or 2% of its worldwide turnover, whichever is higher.
• 2) If it doesn’t comply with the standards for processing personal or personal sensitive data it can be fined up to Rs 15 crore or 5% of its total worldwide turnover, whichever is higher.
• Then there are a host of other penalties for more minor violations such as refusing to comply with a individual’s request (Rs 5 lakh maximum).
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