In an increasingly digital world, where data is the lifeblood of businesses and individuals, the protection of personal data has become paramount. India’s Digital Personal Data Protection Bill, 2023, heralds a new era of data regulation designed to balance the rights of individuals with the needs of data processors. At Cyber Unified, we understand the significance of this legislation and are committed to helping organizations navigate its complexities.
The bill outlines the obligations of Data Fiduciaries, which include individuals, companies, and government entities processing data. It also establishes the rights and duties of Data Principals, the individuals to whom the data belongs. These provisions lay the foundation for responsible data management.
The bill underscores the delicate balance between protecting individual rights and enabling lawful data processing. In an interconnected world, personal data holds immense value, and the bill acknowledges the dual responsibility of safeguarding that data and facilitating its legitimate use.
Central to the bill is the protection of digital personal data – the information by which individuals can be identified. To this end, the bill outlines the responsibilities of Data Fiduciaries, which include individuals, companies, and government entities processing data. This entails upholding obligations during data processing operations, such as collection, storage, and more.
The bill is rooted in seven core principles, forming the bedrock of responsible data handling:
The bill introduces innovative features to simplify and streamline the legal language, making it accessible and understandable for all. It utilizes plain language, employs illustrations to clarify concepts, avoids complicated provisos, and minimizes cross-referencing. Moreover, the bill makes history by using the word “she” to acknowledge women in parliamentary law-making for the first time.
The bill empowers individuals with several key rights:
• Access to Information: Individuals have the right to access information about how their personal data is processed.
• Correction and Erasure: They can correct or erase inaccurate data, maintaining data accuracy.
• Grievance Redressal: A mechanism for addressing grievances related to data processing.
• Nomination Rights: Individuals can nominate someone to exercise their rights in case of death or incapacity.
For enforcing their rights, Data Principals can approach Data Fiduciaries initially, escalating to the Data Protection Board if necessary. The Board, a cornerstone of the bill, handles data breach inquiries, complaints, penalties, and alternate dispute resolutions.
The bill goes a step further to protect children’s data. It mandates that Data Fiduciaries process children’s data only with parental consent and disallows processing that harms their well-being or involves tracking and targeted advertising.
The bill recognizes specific exemptions for certain scenarios while setting up the framework for a Data Protection Board to enforce its provisions. It advises the government on blocking the operations of persistent rule-breakers.
At Cyber Unified, we recognize the challenges that organizations face in adapting to these new data protection standards. Our suite of services, including data protection and privacy assessments, Data Protection Impact Assessments, and Data Subject Access Request modules, is designed to assist organizations in achieving full compliance with India’s Digital Personal Data Protection Act, 2023.
Our experts understand the nuances of this legislation and are equipped to guide organizations in implementing robust data protection measures. We believe that compliance can be a catalyst for positive change, promoting data security and privacy while fostering innovation and trust.