India's Digital Personal Data Protection Bill, 2022
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India's Digital Personal Data Protection Bill 2022 (“DPDP Bill 2022”) is the country's latest version of a data protection bill. The previously published versions of the bill - Personal Data Protection Bill (“PDPB 2019”) and Data Protection Bill 2021 (“DPB 2021”) - were unsuccessful in harnessing the support of privacy experts and business human rights advocates.
While the PDPB 2019 was significantly amended by the DPB 2021 and was thought to be passed soon, it failed to gain the assent of the parliamentarians, and the Indian government had to completely withdraw it after 3 years of deliberations. On 18th November 2022, the Indian Government released a draft for the DPDP Bill 2022.
The goal of the DPDP Bill is to outline guidelines for processing digital personal data in a way that acknowledges both individuals' rights to privacy protection and the requirement to process personal data for legal purposes.
It provides the rights of data principals (data subjects), the obligations of data fiduciaries (data handlers/controllers), and penalties for non-compliance and applies to the processing of digital personal data within India, whether collected online or if offline data is digitized.
DPDP Bill has extraterritorial application if the processing is in connection with any profiling of, or activity of offering goods or services to data principals within India. DPDP Bill is open for public comments and consultations till 02 January 2023.
The Solution
Securiti enables organizations to comply with India's Digital Personal Data Protection Bill 2022 through AI-driven PI data discovery, DSR automation, documented accountability, enhanced visibility into data processing activities, and AI-driven process automation.
Securiti supports enterprises in their journey toward compliance with DPDP Bill through automation, enhanced data visibility, and identity linking.
See how our comprehensive PrivacyOps platform helps you comply with various sections of India's Digital Personal Data Protection Bill.
Request a demo today to learn how Securiti can aid you and your organization's compliance efforts.
Automate Consumer Data Request Handling
Sections: 6(3), 12, 13, 14, 15
Data principals need to be notified about their data privacy rights, and organizations are required to simplify the initiation of verified DSR requests. Automating the delivery and generation of secure data access reports will significantly reduce the risk of compliance violations and reduce the workforce required to comply with all requests.
Automate the Processing of Rectification Requests
Section: 9(2)
With the help of automated data principal verification workflows across all appearances of a data principal’s personal data, you can seamlessly fulfill all data rectification requests.
Automate Erasure Requests
Section: 13
Fulfill data principals' erasure requests swiftly through automated and flexible workflows.
Monitor and Track Consent
Sections: 5, 7, 8, 9(9), 10
Track consent revocation of data principals to prevent the transfer or processing of data without their consent. Seamlessly demonstrate consent compliance to regulators and data principals.
Assess DPPB Readiness
Sections: 6, 7(3), 9, 11, 14
With the help of our multi-regulation, collaborative, readiness, and assessment automation system, you can gauge your organization's posture against DPDP Bill requirements, identify the gaps, and address the risks. Expand assessment capabilities across your vendor ecosystem to maintain compliance against DPDP Bill requirements.
Assess Third Parties & Manage Vendor Risk
Section: 9, 11
Keep track of privacy and security readiness for all your service providers from a single interface. Collaborate instantly with third parties and vendors, automate data requests and deletions, and manage all third parties and vendor contracts and compliance documents.
Map Data Flows and Generate Reports
Section: 17
Track data flows in your organizations, trace this data, catalog, transfer, generate reports, and document business process flows internally and to service providers or third parties.
Meet Cookie Compliance
Sections: 5, 7, 8, 10
Automatically scan the web properties within your organization, categorizing tags and cookies. Also, build customizable cookie banners, collect consent, and provide a preference center.
Privacy Policy and Notice Management
Section: 6
Automatically update and refresh your privacy policies and notices. Build and publish a privacy notice with pre-built templates.
Automate Data Breach Notification
Section: 9(5)
Automates compliance actions and breach notifications to concerned stakeholders about security incidents by leveraging a knowledge database on security incident diagnosis and response.
Automate Security Controls
Sections: 9(3), 9(4)
Automate security, privacy, and governance functions with an intuitive workflow orchestration engine. Leverage built-in integrations and customizable triggers to streamline operations, reduce costs and improve accuracy.
Fulfill Data Retention Requirements
Sections: 9(6), 13(2)(d)
Identify the security posture of your data assets across IaaS, SaaS, and data cloud environments to ensure data retention requirements are automatically addressed.
Automate DPIAs and Risk Assessments
Section: 11(2)(c)
Automate DPIA and risk assessments by identifying and reducing the privacy risks posed by new initiatives, procedures, or regulations. DPIA and risk assessments ensure that possible issues and privacy risks are found early on in a project when solving them would be easier and less expensive.
Rights of a Data Principal Under India's Digital Personal Data Protection Bill 2022
Right to Information about Personal Data
The data principal has the right to request information from the data fiduciary. This includes obtaining confirmation of whether the data fiduciary is or has processed the data principal's personal data, a summary of the personal data being or that has been processed, and the identities of all data fiduciaries with whom the personal data has been shared, along with the categories of personal data shared.
Right to Correction and Erasure of Personal Data
A data principal shall have the right to correction and erasure of their personal data. Upon receiving a request for such correction of the personal data from a data principal, a data fiduciary is required to correct any inaccuracies, complete any incomplete information and update a data principal's personal data in the systems accordingly. In addition, the data fiduciary must also erase the personal data that is no longer required for the purpose for which it was collected and processed unless retention is required by law.
Right of Grievance Redressal
A data principal has the right to lodge a complaint with a data fiduciary. If a data fiduciary's response to a grievance is unsatisfactory, or if no response is received within seven days or another shorter time frame that may be prescribed, the data principal may submit a complaint with the Data Protection Board in the way that may be required.
Right to Nominate
A data principal shall be entitled to designate any other person in the manner that may be prescribed who shall, in the case of the data principal's death or incapacity, exercise the data principal's rights in accordance with the requirements of this Act.
Key Facts Related to India's Digital Personal Data Protection Bill 2022
The Regulatory Authority under the DPDP Bill is the Data Protection Board of India which is responsible for ensuring compliance and imposing penalties in case of any violation of the DPDP Bill.
Transfer of data outside the territory of India is allowed, however, only after conducting an assessment of relevant factors and defining specifications of terms and conditions for transfers.
If a data fiduciary or data processor fails to take reasonable security safeguards to prevent a personal data breach, the penalty imposed would be 2,500,000,000 Indian Rupees.
The data fiduciary may only engage, appoint, use, or involve a data processor to process personal data on its behalf where the data principal's consent has been acquired, and only in accordance with a legal contract.
If a data principal fails to comply with his/her duties, he/she will be liable to a fine of 10,000 Indian Rupees.
At Securiti, our mission is to enable enterprises to safely harness the incredible power of data and the cloud by controlling the complex security, privacy and compliance risks.
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