The second suggestion in the unpublished bill I reviewed – the phrase “Data Free Flow with Trust” – is a reference to the Data Free Flow with Trust initiative led by the Japanese government at the 2019 G-20 summit in Osaka. At the time, it described a common belief that countries have an interest in allowing the free flow of data between them, but with certain safeguards. New Delhi refused to sign the original Data Free Flow with Trust agreement in 2020 – a vague proclamation to continue cooperation for a framework for a “free flow of data with confidence” – because it considered the effort too motivated by resource-rich countries. India`s Minister of Commerce and Industry said at the time that “given the significant digital divide between countries, there is a need for policy space for developing countries that have not yet finalized digital trade and data legislation. Data is an effective tool for development and equal access to data is an essential aspect for us. The first is (here was) a bad suggestion. In the United States, federal and state lawmakers continue to exempt “anonymized” or “anonymized” data from privacy laws and laws in the mistaken belief that these terms have a technical meaning. Numerous studies have shown how easy it is to link so-called “anonymized” or “anonymized” data to real people, given advances in statistical data analysis, the amount of data in today`s world, and companies` access to data points that are remarkably unique to individuals. such as a device`s geolocation history or Wi-Fi connection patterns. Nevertheless, lawmakers continue to include these spinoffs in law, in part because companies are pushing the wrong line that “anonymization” is real.

Let us hope that the Indian parliament does not fall into the same trap. New techniques to better protect data privacy while allowing companies to process it, such as differential privacy, are valuable. The best way forward is to recognize that there are a range of ways to link data to individuals by name or other unique identifier – and that total anonymization is a myth. Similarly, people don`t read privacy policies, but many websites and apps literally claim that visiting the website or opening the app is in itself a compliance with their privacy policy. Moreover, in a world where citizens – including Indian citizens – do not have access to basic services without having undergone data collection, consent is not given fully and voluntarily. Nevertheless, the language of the new Consent Act moves India in relatively the same direction as the “consent provisions” of US state data protection laws and the General Data Protection Regulation in the European Union. Discussion of the bill: Opposition MPs had asked how India had the right to legislate with penal provisions in areas that did not belong to it or in a no man`s land. The science minister replied that India, as a member country, is obliged by the treaty to legislate in the area affecting Indian research stations and that the law has limited enforcement against illegal activities on Indian territory in Antarctica.

As lawmakers prepare for the next session, let`s take a look at the bills that were introduced and discussed in the previous session of parliament: “I can assure you that this bill was not introduced for abuses,” Shah said, asking “those who care about the human rights of prisoners to worry about the human rights of those who care about rights.” of the man of those who care about human rights of those who care about human rights of those who care about those who are harassed by criminals.” Probably the most controversial element of the old data protection law was its data localisation requirements. These provisions would have required organizations holding personal data on Indian citizens to store this information in the country, in some cases only a copy, and in other cases to completely prevent outbound transmission. Various Indian policymakers wanted these requirements for a number of reasons, including imposing costs on foreign companies, boosting India`s data storage industry, beefing up Indian government oversight of Indian citizens` data storage, and, as some have seen, allowing Indian law enforcement to have better access to crime-related data held by U.S. companies. which is currently not accessible due to the interruption of a mutual legal assistance agreement. The country last week released draft amendments to its Information Technology Act that would require companies to “respect the rights granted to citizens under the Indian constitution” and set up a government body to hear appeals against companies` decisions to moderate content. The government`s proposal would require companies to “take all reasonable steps to ensure that their services are accessible to users, as well as a reasonable expectation of due diligence, confidentiality and transparency.” Worryingly, this is just one component of the Modi government`s broader campaign to undermine encryption and increase its ability to coerce tech companies. Explains | Weapons of Mass Destruction Act Amendment Bill Discussion: When introducing the law in Rajya Sabha, Home Minister Amit Shah accused the AAP government in Delhi of treating the three civilian bodies for political reasons. He said the companies were so divided that the two could not even support themselves. Interestingly, a labeled version of the bill I reviewed – the changes to which are not reflected in the current online draft – included a proposal to also exclude “anonymized personal data” belonging to “central or state government, depending on the subject to which the data relates.” It also included an amendment to explicitly use the term “Data Free Flow with Trust” to describe the provisions governing the Indian government`s approval of foreign data transfers and storage. One Step and Two Steps Back: India`s Ongoing Expectation for Adequate Data Protection Supreme Court Judges (Salaries and Conditions of Employment) Act, 1958 The new bill moves away from this focus on localization. Instead of requiring local storage of data per se, it proposes to allow the Indian government to assess other countries` privacy regimes and then certify them as sufficient to provide Indian citizens` data as targets.

Specifically, it states: “The central government may, after assessing the factors it deems necessary, notify countries or territories outside India to which a data custodian may transfer personal data in accordance with specified conditions.” The latest public bill assumes that individuals have given consent when the processing of data is “necessary to perform a function provided for by law”, “to comply with a judgment or order made under a law”, “to respond to a medical emergency that poses a threat to the life or imminent danger to the health of [the person] or another person, and “for taking measures to ensure security or for providing assistance or services to a person during a disaster or breach of public order”, among others. It would also exempt situations where an individual is “reasonably expected” to voluntarily share their personal data with an organization, the processing of “publicly available personal data” and creditworthiness. The story so far: Parliament`s monsoon session begins on Monday, July 18 and lasts until August 12. Both houses of Parliament will meet from March to April after a break of more than two months after the second stage of the budget session. Since then, several members of the House of Lords have resigned at the end of their terms and 57 new members have been elected to Parliament. The government convened an all-party meeting on Sunday ahead of the meeting, during which Lok Sabha spokesman Om Birla and Rajya Sabha Speaker Venkaiah Naidu will also meet with faction leaders of the respective chambers. Criminal Procedure (Identification) Decoding Bill 2022 | If the international community is trying to diversify chip manufacturing and create safety nets for future crises, cooperation – as opposed to competition – seems like a logical and prudent first step.