India's Digital Personal Data Protection Bill 2022 (DPDP Bill)
India’s Digital Personal Data Protection Bill 2022 is the country’s latest version of a data protection bill. It was open for public comments and consultations until 17th December 2022.
- Previously published versions of India’s data protection bill - Personal Data Protection Bill (“PDPB 2019”) and Data Protection Bill 2021 (“DPB 2021”) - were withdrawn as they were unsuccessful in gaining the support of privacy experts and business human rights advocates.
- DPDP Bill applies to the processing of digital personal data in India, whether collected online or offline - which is then digitized.
- DPDP Bill requires consent to be freely given, explicit, informed, and unequivocal, which clearly indicates the data principal's intentions to the processing of her/his personal data for the specified purpose.
- DPDP Bill introduces several data subject rights, such as the right to information, the right to correction and erasure, the right to grievance redressal, and the right to nominate.
- A data fiduciary or data processor would face a fine of 2,500,000,000 Indian Rupiah under the DPDP Bill if they failed to take appropriate security precautions to prevent a personal data breach.
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Important Facts About DPDP Bill
Prior to India’s Digital Personal Data Protection Bill 2022, the country had proposed data protection laws that were withdrawn, necessitating the need for a robust and modern-day law such as the DPDP Bill that takes inspiration from the EU’s GDPR.
Non-automated processing of personal data, offline processing of personal data, and processing for home or personal use are not covered by the DPDP Bill. Additionally, the DPDP Bill will not apply to any personal information about an individual that is included in a record that has been around for at least 100 years.
According to the DPDP Bill, the Central Government of India may exclude some data fiduciaries or classes of data fiduciaries from the application of some DPDP Bill requirements based on the quantity and type of personal data they process.
Additionally, only legitimate purposes for which the data principal has given or is presumed to have given his or her consent may be used to process digital personal data. Every time a data fiduciary asks the data principal for their consent, they must do it in plain, understandable language and offer the contact information for a data protection officer or the designated focal point.
How Securiti Can Help
In the legislative privacy landscape, India's Digital Personal Data Protection Bill 2022 is a welcome initiative, especially in light of current technology improvements and the requirement for a thorough data privacy framework in India.
Businesses must employ robotic automation to quicken compliance and avoid falling behind in a continuously evolving technology and data privacy context.
Securiti offers end-to-end business automation that combines dependability, intelligence, and simplicity using the PrivacyOps architecture. Securiti’s robust solutions can assist you in complying with India's Digital Personal Data Protection Bill 2022 and other privacy and security standards worldwide.
Frequently Asked Questions
India’s Digital Personal Data Protection Bill 2022 is the country’s latest version of a data protection bill. It introduces several obligations for data fiduciaries and empowers data subjects with several data subject rights.
Failure to take reasonable security safeguards to prevent a data breach would result in 2,500,000,000 Indian Rupiah. Failure to notify the Board and the data principal regarding the data breach and non-fulfillment of any obligations for processing children's data would result in a fine of 2,000,000,000 Indian Rupiah.
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