This privacy week we will walk you through the different facets
of the Indian privacy framework in a pint-sized format. Given that
today is India's republic day, analyzing the
cross-border data transfer mechanisms seems befitting.
Unlike its predecessors, the new draft Digital Personal Data
Protection Bill, 2022 is not modelled on the GDPR. It offers a
'white-list' cross border data mechanism. Simply
said, the government will identify the countries to which personal
data can be transferred from India. While this looks like a
straightforward approach, this may pose business continuity
concerns pending government notifications. Personal data transfers
may come to a standstill until the government notifies a country
fit for data transfers. From a practical perspective, the
implementation of this mechanism will effectively require concerned
officials to evaluate surveillance laws of each country before
giving the green light for data transfers. A black-list
mechanism,
