India's DPDP Bill: Pioneering data privacy safeguarding with empowered individuals and responsible fiduciaries

The Digital Personal Data Protection (DPDP) Bill represents a significant step towards safeguarding data privacy in India. By empowering data principals with essential rights and imposing stringent obligations on data fiduciaries, the bill strives to strike a balance between technological innovation and individual privacy. It is expected to instill confidence in individuals regarding the security of their personal data and create a responsible and accountable data processing environment in the country. As the bill has been passed in Lok Sabha and moves forward, it will be crucial to ensure effective implementation and continuous evolution to keep pace with the rapidly evolving digital landscape and data privacy challenges. Only through collaborative efforts and collective responsibility India can build a robust data protection framework that serves the interests of both individuals and businesses alike. The Bill defines personal data as “any data about an individual who is identifiable by or in relation to such data” and sets out a number of obligations for data fiduciaries, which are organizations that process personal data. Who are called data fiduciaries? The term “data fiduciaries” refers to individuals or organisations that are entrusted with the responsibility of managing and safeguarding personal data on behalf of data subjects. Who are called data principals? Data Principals, also known as data subjects, are individuals to whom personal data belongs. They are the individuals whose personal information is collected, processed, stored, or otherwise handled by Data Fiduciaries (organizations or entities) under the provisions of the data protection regulations. The DPDP Bill requires data fiduciaries to obtain consent from individuals before processing their personal data. The DPDP Bill also sets out a number of other obligations for data fiduciaries including the following:

• Data fiduciaries must make reasonable efforts to ensure that personal data is accurate and complete.
• Data fiduciaries must protect personal data in its possession or under its control by taking reasonable security safeguards.
• Data fiduciaries must notify the Data Protection Board and concerned data principals in case of a data breach.
• Data fiduciaries must stop retaining personal data, or remove the means by which the personal data can be associated with particular data principals, as soon as it is reasonable to assume that the purpose for which such personal data was collected is no longer being served by its retention.
• The bill proposes a maximum penalty of Rs 250 crore and minimum of Rs 50 crore on entities violating the norms

The DPDP Bill establishes the Data Protection Board (DPB) as the central authority responsible for enforcing the provisions of the Bill. The DPB will have a number of powers, including the power to investigate data breaches, issue compliance orders and impose penalties. The DPDP Bill is a significant step forward in the protection of personal data in India. However, it remains to be seen how the Bill will be implemented and enforced. In addition to the key obligations and penalties outlined above, the DPDP Bill also includes a number of other provisions, such as:

• The right of individuals to access their personal data and to request that it be corrected or deleted.

• The right of individuals to object to the processing of their personal data.

• The right of individuals to file complaints with the DPB.

• The DPDP Bill is a complex piece of legislation, and it is likely that there will be a great deal of debate and discussion about its interpretation and implementation. However, the Bill is a positive step forward for protecting personal data in India, and it is hoped that it will help ensure that individuals’ privacy is respected.

• Here are some noteworthy aspects that deserve attention:

• The DPDP Bill applies to the processing of personal data collected within the territory of India, as well as to the processing of personal data outside of India if the processing is in connection with profiling people in India or offering goods and services to people in India.

• The successful implementation of the DPDP Bill relies on collective efforts from various stakeholders, including businesses, government agencies, civil society, and individuals. Collaboration is necessary to build a robust data protection framework that addresses the challenges of the digital age.

The DPDP Bill is a significant piece of legislation and it is likely to have a major impact on the way that personal data is processed in India. It is important to be aware of the provisions of the Bill and to ensure that your organisation is compliant. The author is Founder, MYITMANAGER. Views expressed in the above piece are personal and solely that of the author. They do not necessarily reflect Firstpost’s views. Read all the Latest News , Trending News , Cricket News , Bollywood News , India News and Entertainment News here. Follow us on Facebook , Twitter and Instagram .