data privacy

DataSecure - Created to Service Your Privacy Requirements

Privacy laws and regulations are continuously expanding across the world and have made their presence felt in recent times with fines levied for misuse and abuse with regards to Personal Data or Personally Identifiable Information (including Sensitive Personally Identifiable Information). Privacy laws require organizations to have a proactive approach towards privacy and the protection of personal data. As a result, organisations are enhancing and strengthening the way they handle and govern personal data across its lifecycle i.e. collection, use, transfer, retention, destruction for personal data that belongs to customers, employees, vendors and other stakeholders.

The Indian Subcontext

In 24 August, 2017, the Honourable Supreme Court of India delivered a judgement that privacy is a constitutionally protected right which arises not only from Article 21 of the India Constitution i.e. the guarantee of life and personal liberty, but also arises in multiple contexts from the Fundamental Rights in Part III of the Indian Constitution and its elements of freedom and dignity. 

In July 2017, the Ministry of Electronics and Information Technology set up a committee to study issues related to data protection which was chaired by retired Supreme Court judge Justice B. N. Srikrishna. The committee submitted the draft Personal Data Protection Bill, 2018 in July 2018. After further deliberations the The Personal Data Protection Bill 2019 (PDP Bill 2019) was tabled in the Indian Parliament by the Ministry of Electronics and Information Technology on 11 December 2019. As on date, the Bill is being analyzed by a Joint Parliamentary Committee (JPC) in consultation with experts and various  stakeholders.