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ARTICLE · 28 AUGUST 2018

Personal Data Protection Bill, 2018 – An Overview With Brief Analysis

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Justice BN Srikrishna Committee which was formed with an intent to have a highly effective data protection law in India has finally submitted the draft bill to the Ministry of Electronic and Information Technology on 27 July 2018.

IndiaPrivacy
Manas Ingle
Manas Ingle
Anuj Maharana
Anuj Maharana
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Justice BN Srikrishna Committee ("Committee") which was formed with an intent to have a highly effective data protection law in India has finally submitted the draft bill to the Ministry of Electronic and Information Technology ("Ministry") on 27 July 2018. The draft bill namely Personal Data Protection Bill, 2018 ("Draft Bill") is a great expectation particularly after the European Union's General Data Protection Regulation ("GDPR") came into force on 25 May 2018. The Draft Bill is introduced at very important juncture, especially after recent judicial orders and judgments in the Aadhar case and in Justice Puttaswamy (Retd.) V. Union of India and Others.

Trust: The Draft Bill introduces concepts of 'Data Fiduciary', 'Data Principal' and 'Data Processors' are akin to concepts of 'data controller' and 'data subjects' in GDPR. The underpinnings as per Chapter 1, Part C, of the Committee report is of "trust" between a Data Fiduciary and a Data Principal.

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