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ARTICLE · 17 SEPTEMBER 2018

Why the Personal Data Protection Bill spells trouble for India's IT sector

Clarus Law Associates
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The perspective and approach for a law or policy informs its contents. The much-awaited draft Personal Data Protection Bill, 2018 (PDP Bill), released by the 'Committee of Experts under the Chairmanship of Justice BN Srikrishna', appears to have approached the entire issue with good intentions, but coupled with a sense of suspicion of service providers, fear, and overwhelming deference to state power.

IndiaPrivacy
RV Anuradha
RV Anuradha
  • The PDP Bill appears to have approached the entire issue with good intentions, but at the same time there is fear and suspicion.
  • The PDP Bill is accompanied by a more comprehensive report titled "A Free and Fair Digital Economy: Protecting Privacy, Empowering Indians.
  • Leaving aside serious constitutional law concerns, the draft Bill appears to undermine the economic basis for India's IT sector.

The perspective and approach for a law or policy informs its contents. The much-awaited draft Personal Data Protection Bill, 2018 (PDP Bill), released by the 'Committee of Experts under the Chairmanship of Justice BN Srikrishna', appears to have approached the entire issue with good intentions, but coupled with a sense of suspicion of service providers, fear, and overwhelming deference to state power. As a result, the outcome document is fraught with infirmities.

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