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Last week, a committee of experts led by former Supreme Court Justice BN Srikrishna unveiled a draft law on the protection of personal data to be tabled in parliament. The bill aims to improve data protection and at a time when data breaches are increasing not only in India but around the world.
In its 213-page report, the panel made several recommendations including all "critical personal data" on people in India should be processed in the country and that cross-border transfer of such data will not be allowed. He also suggested creating a data protection authority to implement the bill.
Although the bill was widely welcomed, many of its provisions also raised concerns. Critics, for example, say that the requirement to store data locally could deter foreign technology companies and hinder the ability of Indian startups to compete globally. Here's what industry groups, badysts and entrepreneurs think of the bill.
Mohan Kumar, executive director, Norwest Venture Partners:
This is a failure for most start-ups. The consent must be explicit and it will have a big impact on the consumer-tech startups. But it is better for these companies to let this be done in a controlled manner rather than something more dramatic happening two years later.
What happened to Facebook this quarter could also happen to these companies. When you ask explicit permission from customers at each step, you will probably see a lot of customers refuse to give that. And the customer can revoke it at any time, too.
Customers tend to give permissions when they are usually asked under the terms and conditions. It worked for a lot of companies and now they see a negative reaction. Although there will be a decline in the industry, they can not force a lot of changes. They have brought it to extreme levels.
When KYC (Know Your Customer) standards became mandatory, we saw struggling financial technology companies and many small players abandon the portfolio market. Why would a financial technology company have more benefits than a bank? Your bank does not share your account balance with anyone. Here, the company fintech would probably have shared with the whole world.
WhatsApp wanted to make his viral messages and so gave an unlimited number of advances. Now, (after braking advanced messages) messages exchanged on the platform itself will shrink.
NASSCOM-Data Security Council of India (DSCI):
The bill suggested framework for data protection and privacy. It relies on the Supreme Court's ruling that privacy is a fundamental right for the country and creates a framework for all stakeholders to be more accountable and build trust while processing data. personal. NASSCOM-DSCI is looking forward to creating an institutional structure through a data protection authority in the country as well as the importance of protecting privacy.
NASSCOM-DSCI advocates for a healthy balance between privacy and innovation. governing the protection, storage and clbadification of data must be carefully designed taking into account the global footprint of the IT-BPM sector. Imposing the location of all personal data as proposed in the bill is likely to become a barrier to trade in key markets. Global start-ups in India may not be able to take advantage of global cloud computing platforms and will face similar barriers as they expand into new markets.
Devendra Rane, Founder of the Coverfox Online Insurance Market:
There is still a long way to go before this becomes law and much more discussion is needed … This does not seem to have included contributions from industry stakeholders and many gray areas need to be addressed more clearly.
It is not clear if we can share data with third parties. In order for certain transactions to take place on market platforms, we need to share data with these third parties. For example, in our case, we also collect data from regional transport offices, which are publicly available data. We store data when accidents occur.
The online marketplace is still in its infancy and our structure up to now is based on upselling or cross-selling.
Rajeev Chandrasekhar, MP:
The report of the Srikrishna Justice Committee on Data Protection and the Personal Data Protection Bill 2018 are a step closer to a legal framework for the protection of consumer data. This is a big boost to digital India
Vidur Gupta, Partner, Government and Public Sector, EY India:
The Committee's Report Will be a Key Step Toward Building of the important trustworthy base India digital. The proposed digital protection authority with more extensive powers would be beneficial. The recommendation to subject public entities to the law would not only strengthen citizens' trust, but also define specific security measures for their personal data while using e-governance services.
Siddharth Vishwanath, Partner, Cybersecurity, PwC India:
The project is on the expected lines. It clearly addresses key principles such as the rights of individuals over their data, data protection and notification of violation. Penalties are structured to create adequate deterrence. It will clearly encourage the industry to create a safer ecosystem in the data economy.
Venkatesh Krishnamoorthy, Country Director-India, BSA | The Software Alliance:
We support the effort to create comprehensive legislation to protect the personal information of citizens in India. However, including data localization requirements in such legislation is contrary to the promotion goals of a digital India because data transfers are essential to cloud computing, data badysis and other technologies. and modern and emerging services that underpin global economic growth. BSA recommends that India's bill on personal data protection avoids undue restrictions on the possibility of securely transferring personal data outside of India
Ramesh Mamgain, Regional Vice President for India and SAARC at Commvault. Information Management Software Company:
The recommendation for the creation of a data protection authority is a reflection of a comprehensive approach to data management in India . Several cases of data leakage in the past have created an alarming situation across the country … The proposed law on data protection in India is an indispensable regulation that will institutionalize processes for organizations in all sectors to better manage primary and secondary data. ]
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