"Global Privacy Showdown: GDPR vs. DPDPA vs. US Data Protection Laws"

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Nearly five years after a landmark Supreme Court ruling affirming information privacy as a fundamental right in India, the country enacted its Digital Personal Data Protection Act (DPDPA) on August 11, 2023. This Act incorporates principles from global data protection frameworks like the EU and UK GDPR, as well as US laws like California's CCPA. Key principles include informed consent, security measures, and transparency. However, the Act also introduces unique elements, such as a broad definition of "Personal Data" and stringent consent requirements, leaving few alternative lawful bases for processing data.

picture credit: https://www.clearycyberwatch.com

The DPDPA covers all personal data processing in India and activities related to offering services to Indian residents, extending even to processing outside India. It excludes data processing for personal or domestic purposes and publicly available data. The Act places primary obligations on Data Fiduciaries (akin to data controllers under GDPR) but does not impose statutory duties on Data Processors.

Significantly, the Act limits legal grounds for data processing to consent or narrowly defined "legitimate uses." Consent must be informed, unambiguous, and necessary for the specific purpose. Even with valid consent, processing must cease if the data is no longer needed. The Act requires clear, specific notices for consent, which must be updated for previously collected data.

For minors' data, the Act mandates verifiable parental consent for individuals under 18, along with restrictions on tracking and targeted advertising. The effectiveness of these provisions will depend on future guidelines.

In terms of compliance, organizations should take immediate steps including updating data inventories, revising privacy notices, obtaining consents, and identifying permissible data processing activities. Entities should also assess their engagement with minors' data, update grievance mechanisms, breach response plans, and review contracts with Data Processors to ensure compliance with the Act's requirements.

The Act establishes the Data Protection Board of India for investigating breaches and grievances, but it does not grant rulemaking powers to the Board nor does it include a private right of action. The impending general election in India adds uncertainty to the implementation timeline. To align with the Act, businesses need to conduct data mapping, prepare updated notices and consents, identify exclusions, assess minor data processing needs, update internal processes, and review Data Processor contracts to ensure legal compliance and data security.

Comments

  1. Unfo_lding.yesterdayMay 25, 2024 at 11:14 PM

    The blog offers a thorough overview of India's Digital Personal Data Protection Act (DPDPA), detailing its alignment with global data protection standards and its key principles like informed consent, security, and transparency. It also addresses unique elements such as stringent consent requirements and the broad definition of "Personal Data". The blog outlines practical compliance steps for businesses, emphasizing the importance of updating data practices and ensuring protections for minors. However, it could further discuss potential challenges, such as implementation difficulties for small businesses and ambiguities in enforcement mechanisms, to provide a more balanced perspective.

    ReplyDelete
  2. JyotiradityaMay 25, 2024 at 11:18 PM

    This blog provides great insights into the DPDPA and its implications. The future looks promising with enhanced data protection, but it also brings challenges for businesses to adapt to stringent consent requirements and broad definitions. It will be interesting to see how organizations navigate these changes and the impact on privacy standards in India.

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  3. Through Shashwat's LensMay 26, 2024 at 12:55 PM

    New data privacy laws are in effect, giving you more control over your info. Think "informed consent" and "no more creepy tracking." Businesses, time to revamp your data practices - it's a privacy party, and you're invited (but gotta follow the rules). Get compliant or risk getting schooled by the Data Protection Board.

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  4. Miengandha SinhaMay 27, 2024 at 10:23 AM

    I can understand India wanting strong data protections for its citizens after the Supreme Court ruling. But making consent practically the only legal basis for processing personal data seems quite extreme and could really hamper businesses operating in India.

    ReplyDelete
  5. Witty writMay 29, 2024 at 12:55 AM

    In the data privacy arena, it’s like a royal rumble: GDPR struts in with its European swagger, DPDPA does a Bollywood dance number, and US laws try to catch up like a confused GPS. May the best privacy policy win! Nice work Arushi

    ReplyDelete

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