Personal data pertains to information connected to an identified or identifiable individual. Both businesses and government bodies use personal data to provide goods and services. The processing of personal data helps in understanding individual preferences, which can be valuable for customization, targeted advertising and creating recommendations. It can also assist law enforcement. However, unchecked processing can pose privacy risks, which are recognized as a fundamental right, potentially leading to consequences like financial losses, damage to reputation and profiling.
Data Protection Regulation in India
India currently lacks a dedicated data protection law, with personal data regulated under the IT Act of 2000. A Committee of Experts on Data Protection was formed in 2017, leading to the introduction of the 2019 Personal Data Protection Bill, which was later withdrawn in August 2022. A Draft Bill for public input emerged in November 2022 and in August 2023, the Digital Personal Data Protection Bill of 2023 was presented in Parliament.
What is Digital Personal Data Protection Bill?
The Digital Personal Data Protection Act, 2023 (also known as DPDP Act or DPDPA-2023) is an act of the Parliament of India to provide for the processing of digital personal data in a manner that recognizes both the right of individuals to protect their personal data and the need to process such personal data for lawful purposes.
The DPDP Act is India's first comprehensive data protection law. It applies to all organisations that process digital personal data, regardless of their size or location. The law also applies to Indian citizens and residents, even if their personal data is processed outside of India.
The DPDP Act sets out a number of requirements for how organisations can collect, use and disclose personal data. These requirements include:
Obtaining consent from individuals before collecting or processing their personal data.
Being transparent about how personal data is collected, used and disclosed.
Giving individuals control over their personal data, such as the right to access, correct and erase it.
Implementing security measures to protect personal data from unauthorised access, use, or disclosure.
The DPDP Act also establishes a Data Protection Board to oversee the implementation of the law and investigate complaints. The Board has the power to impose fines on organisations that violate the law.
The DPDP Act is a significant step forward for data protection in India. It will help to protect the privacy of individuals and ensure that their personal data is processed in a responsible manner.
Data Protection Regulation Around the World
Data protection regulation is a global issue and many countries around the world have enacted laws to protect individual privacy. Some of the most notable data protection laws include:
The General Data Protection Regulation (GDPR) in the European Union
The GDPR is an EU regulation that protects personal data and privacy, effective since May 25, 2018. It grants individuals control over their data and simplifies regulations for businesses. It defines personal data broadly, gives individuals rights like access and erasure and mandates data security. Applicable to both public and private organisations in the EU, it covers data transfers outside the EU. It replaced the 1995 data protection directive (Directive 95/46/EC) and aims to unify data protection rules within the EU and EEA.
The California Consumer Privacy Act (CCPA) in the United States
The California Consumer Privacy Act (CCPA) is a state law aimed at enhancing privacy rights for Californian residents. It grants consumers the right to know what data businesses collect, request data deletion and opt-out of data sales. It applies to businesses meeting certain criteria and mandates privacy notices, opt-out mechanisms and penalties for non-compliance, with fines reaching up to $7,500 per violation and $750 per affected consumer. Compliance is essential for businesses to protect consumer privacy and avoid financial penalties.
Personal Information Protection and Electronic Documents Act (PIPEDA)
PIPEDA, Canadian law since 2000, governs private sector handling of personal info. It covers data like names, addresses, financial and medical details. Consent is key: get it before collecting or using personal data. Be transparent in data practices. Individuals can access, correct and object to data use. Secure data from unauthorised access. Compliance is vital to protect Canadians' privacy and avoid penalties.
Canadian Civil Liberties Association (CCLA)
CCLA supports the enactment of privacy legislation that acknowledges privacy as a fundamental human right. This legislation should establish broad principles to govern the collection, utilisation and sharing of information while being comprehensive and stringent enough to effectively manage the challenges posed by a data-centric economy and the swift evolution of technology.
South Korea's Personal Information Protection Act (PIPA)
South Korea's Personal Information Protection Act (PIPA) governs the collection, use and disclosure of personal information, applying to all organisations regardless of size or location. It defines personal information broadly and requires consent, transparency and individual rights such as access, correction and objection. Organisations must implement security measures to protect personal information, making PIPA crucial for privacy protection and compliance.
Data protection regulation is an important issue for individuals and organisations around the world. As technology continues to advance, it is crucial for governments, organisations and individuals to remain vigilant in their efforts to strike the right balance between data utilisation and privacy protection.
The Digital Personal Data Protection Act in India and similar laws globally are steps in the right direction, providing a framework to navigate this complex and evolving landscape and ultimately empower individuals to have greater control over their personal information.
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