The Shape of Things to Come…The New Data Protection Act of India-1 (The Beginning)

(This is a continuation of the earlier article in which the framework of the New Data Protection Act of India -NPDAI was discussed)

We expect that soon Government will release a draft of  a “Personal Data Protection Act” in lieu of  the PDPB 2019-scrapped”.

However, we as professionals can place our suggestions before the Government and steer the discussion so that we will be assisting the drafting committee.

We shall therefore discuss the contours of this law as a “Draft of NDPAI in the making” in the coming articles starting with

1) Scope of the Act and Definitions of Privacy and other terms

2) Definition of the Protected Information and roles of different organizations

3) Principles of Personal Data Protection including grounds of processing

4) Rights of the Data Principal including children

5) Exemptions

6) Cross Border Transfer

7) Penalties, Punishments

8) Regulatory Mechanism

9) Compliance Requirements from the industry including Data Breach Notification, Audit, DPO etc

10) Miscellaneous provisions

We hope the discussions on these aspects will create a background for discussing the Bill as may be presented by the Government in due course.

Request all readers to participate in this development of a draft law as a “Draft of the Privacy and Data Protection Professionals”.

Next article

Naavi

  1. Introduction
2. Preamble 3.Regulators
4. Chapterization 5. Privacy Definition 6. Clarifications-Binary
7. Clarifications-Privacy 8. Definitions-Data 9. Definitions-Roles
10. Exemptions-Privacy 11. Advertising 12. Dropping of Central Regulatory authority
13. Regulation of Monetization of Data  14. Automated means ..

 

About Vijayashankar Na

Naavi is a veteran Cyber Law specialist in India and is presently working from Bangalore as an Information Assurance Consultant. Pioneered concepts such as ITA 2008 compliance, Naavi is also the founder of Cyber Law College, a virtual Cyber Law Education institution. He now has been focusing on the projects such as Secure Digital India and Cyber Insurance
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