Sarvekshan Of Indian Privacy Law

Sarvekshan

India is currently witnessing a significant shift in its approach towards data protection with the introduction of the Digital Personal Data Protection Bill (“DPDP Bill”) expected to be tabled in the Indian parliament. The bill aims to establish a comprehensive legal framework for the collection, storage, processing, and transfer of personal data by both government and private entities in India. Given the increasing reliance on digital technologies and the internet, the implementation of a robust data protection law has become crucial in safeguarding individuals’ privacy and data security. 

Tsaaro Consulting conducted a survey aimed at evaluating the level of awareness, views and understanding among people on the upcoming Digital Personal Data Protection Bill,2022 (DPDP Bill) in India. The survey explored public perception on various aspects of the DPDP Bill, including provisions related to data collection, processing, storage, transfer, as well as the implications for individual rights, corporate compliance, and government access to data, among others. 

The survey report indicated a significant level of concern among participants regarding the protection of personal data online, with a strong desire for increased control and transparency over its collection and usage. However, respondents also acknowledged the necessity of lawfully processing data for legitimate purposes such as national security and public interest. 

 Examining some of the survey findings prepared by Tsaaro Consulting, it was revealed that  

  • 50% of participants were familiar with the DPDPB, 2022, while 40% had some knowledge of it, and 10% were unaware of the Bill. These results emphasize the need for greater awareness and education regarding the bill and its implications for data protection in India. 
  • Regarding the impact of the DPDPB, 2022 on India’s global digital transformation partnership, 63% of participants agreed that it would strengthen India’s position as a trusted partner, while 15% disagreed, and 23% were unsure. These findings suggest that the majority of the public perceives the bill positively; however, more awareness and education are necessary regarding its provisions and implications. 
  • In terms of penalties for non-compliance with the DPDPB, 61% of participants believed the penalties were appropriate, while 10% considered them too harsh, and 11% considered them too lenient. This indicates a recognition of the need for robust enforcement mechanisms while striking a balance to avoid undue burden on businesses. 
  • When it comes to the balance between individual rights and lawful data processing, 42% of participants believed that the DPDPB achieved such a balance, while 34% disagreed. Continued discussions and engagement with stakeholders are crucial to achieving the appropriate equilibrium in the DPDPB, ensuring the protection of individual rights while enabling lawful data processing. 
  • A significant finding revealed that 81% of participants believed that all types of data should be subject to the right to access, whereas 19% believed that only certain types of data should have that right. These findings underscore the necessity of robust data subject rights within data protection laws to empower individuals and provide them with greater control over their data. 

Analyzing the key findings, the survey suggests that the DPDP Bill should address concerns related to some key definitions to prevent ambiguity and misuse of personal data by businesses. Additionally, the bill’s approach to cross-border data transfer should be more transparent and based on clear criteria to avoid arbitrary decision-making. The absence of specific safeguards for children’s personal data, as well as the lack of rights such as data portability and the right to object to processing, along with insufficient guidance on enforcement and the provision of “deemed consent,” were identified as causes for concern. 

 In conclusion, Tsaaro Consulting’s survey sheds light on various issues and concerns surrounding India’s Digital Personal Data Protection Bill, 2022.  

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