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ARTICLE · 01 DECEMBER 2022

Third Time's The Charm? Unpacking The Draft Digital Personal Data Protection Bill, 2022

Ever since the Indian Supreme Court recognized informational privacy as part of the fundamental Right to Life in 2017, Indian lawmakers have been attempting to develop...

IndiaPrivacy

Ever since the Indian Supreme Court recognized informational privacy as part of the fundamental Right to Life in 2017, Indian lawmakers have been attempting to develop a new data protection framework. A first draft was released in 2018, and a revised draft one in 2019. Both these drafts proposed a GDPR style privacy law for India. The 2019 bill was subsequently withdrawn in 2021 after the Join Parliamentary Committee (set up to review the bill) recommended nearly 100 revisions to the bill.

On November 18, 2022, the Ministry of Electronics and Information Technology ("MEITY") released a new draft Digital Personal Data Protection Bill, 2022 ("2022 Bill"). As per the explanatory note provided along with the law, MEITY has opted for a back-to-basics approach. A number of controversial, unworkable, or complex items have been dropped from this draft, and certain operational elements are kept for subordinate rules to be issued later.

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