NASSCOM & The Dialogue - Joint Policy Brief on the Data Protection Authority of India and Coordination with Sectoral Regulators | nasscom | The Official Community of Indian IT Industry

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NASSCOM & The Dialogue - Joint Policy Brief on the Data Protection Authority of India and Coordination with Sectoral Regulators

Varun Sen Bahl

@varunsenbahl1

July 18, 2022

Public Policy

667

NASSCOM and the Dialogue, a think-tank based out of New Delhi, have released a Joint Policy Brief on the Data Protection Authority and Coordination with Sectoral Regulators. This is in furtherance of the release of the Data Protection Bill of 2021 (DPB 2021) from the Joint Parliamentary Committee in December 2021. We provided an overview of that report here.

NASSCOM has been consistently following, and contributing to, the ongoing policymaking effort to develop a comprehensive data protection law in India. The DPB 2021 represents the most recent articulation of such a law and serves as the key reference point for discussing what the final law could like. It makes sense, therefore, to examine its various elements in detail.

Two key elements of the DPB 2021 are: (1) that it will establish a cross-sectoral (or ‘horizontal’) regime and (2) that it will set up a new Data Protection Authority of India (DPAI) to implement that regime. The success of these elements will depend on how the DPB 2021 and the DPAI interact with existing sectoral regimes and regulators. There is merit, therefore, in examining their current design and in identifying challenges in their implementation.

Against this backdrop, our policy brief focuses on four key challenges with the current approach to inter-sectoral coordination under the DPB 2021. These are: (1) harmonising existing and proposed allied laws (2) cooperating on jurisdictional overlaps and enforcement actions (3) ensuring a uniform and holistic appreciation of new technologies (4) integrating existing and proposed grievance redressal mechanisms.

In brief, we note the following. First, on harmonising allied laws, we note the need for a formal process to streamline the adoption of this new law vis-à-vis other existing laws and policies at the Central Government level. Second, on cooperation, we note the need to examine different policy options, including specifying the elements that should be contained in MOUs between the DPAI and other regulators and setting up coordination committees. Third, on new technologies, we note the need for regulatory collaboration on sandboxing mechanisms. Fourth, on integrating grievance redressal, we note the need for different regulations on grievance redressal to align in terms of approach, design, and dispute resolution mechanisms.

The policy brief is attached below. This is the first in a series of policy briefs that NASSCOM and the Dialogue will be authoring together on the Data Protection Bill of 2021.

For more information on the policy brief or on this topic, please write to varun@nasscom.in or apurva@nasscom.in.

#dataprotection #pdpbill #DataProtectionAuthorityIndia

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Varun Sen Bahl

Manager - Public Policy

Reach out to me for all things about data regulation, cybersecurity policy, and internet governance.