Some people in the industry think that DPA 2021 is a compliance burden and we need to bring pressure on the Government to delay the passing of the bill.
Unfortunately they are mistaken.
DPA 2021 is already with us in the form of “Due Diligence” and “Reasonable Security Practice” under Section 43A of Information Technology Act 2000.
Courts in Odisha, Delhi and Chennai in some of their decisions last year have quoted from the PDPB 2019 to decide on some issues on Privacy. If Courts have taken cognizance of PDPB 2019, it means that the current version of PDPB 2019 which is DPA 2021 is already in the radar of the Courts as the required data protection practice in India.
The absence of an implementing agency or a regulator like the Data Protection Authority of India may be a relief. But the powers given under ITA 2000 (Sec 46) to the Adjudicators include the powers to impose reasonable penalty on a suo moto basis for “Data Breach” and hence the possibility of penalties is already hanging over the heads of those who think there is no data protection law in India.
It is like the Amazon Pay…. It is already there…and most donot know it.
Come, let us discuss the Compliance View of DPA 2021 at the seminar in Chennai on April 23, 2022.
Contact FDPPI for more details.
Naavi
Details of the Seminar in Chennai on 23 April 2022, please.