News & Press

India's DPDP to be Considered in Parliament in July

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Press Release
Apr 12, 2023
2
min read

TL;DR: Indian Parliament will consider and attempt to pass its comprehensive data protection bill, DPDP, during the July session, per Attorney General.

Yesterday on April 11, the Indian government announced its intention to begin consideration of its drafted comprehensive data protection law, the Digital Personal Data Protection bill (DPDP), during the monsoon session in Parliament in July. Although just a few weeks ago the opposition party suggested 40 amendments to the draft, suggesting a pause in the process, Attorney General R. Venkataramani noted the period for public comment had concluded and the draft bill has been finalized.

The move comes as a notice to the Indian Supreme Court as it hears cases revolving around data privacy matters, including a high profile case against WhatsApp. Of course, as the bill is not guaranteed to pass Parliament in July, the Court will likely go forward with these cases in the interim.

Some sticking points for DPDP include the lack of the right to be forgotten and the right to data portability, both of which are enshrined in the EU's GDPR, and the lack of true agency given to the nation's proposed data protection authority.

While the 2022 version is vastly different from India's initial attempt to pass data privacy legislation in 2017, with many aspects having been removed over that time, the proposed financial penalties are staggering: ~$18.3 M for violations involving children's data and ~$30.5 M for violations on failing to take adequate security measures to prevent data breaches.

There has not yet been a look into the extensive amendments opposition MPs suggested for the draft bill, but it would appear the negotiations of what stays in the bill, what is added, and what is removed will take place on the floor of Parliament in July.

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