As India is contemplating legislating in the sphere of data rights, with recent iterations such as the Draft Personal Data Protection Bill, 2019, it is evident that next in the pipeline (post-enactment) would be the setting up of the Data Protection Authority for India (DPA). To bring off a robust DPA for India, we suggest […]
The Institutionalisation of India’s Data Protection Authority Read More »
The Dialogue organised a bilateral discussion between Australia and India on data protection regimes on 12th April 2022. For this discussion, we were delighted to host Ms Angelene Falk, Australian Information Commissioner and Privacy Commissioner; Dr Amar Patnaik, Member of Joint Parliamentary Committee on Personal Data Protection Bill, 2019; Rahul Matthan, Partner, Trilegal.As India is
Bilateral Discussion between Australia and India on Data Protection Regimes Read More »
The Supreme Court’s ruling in the Justice K.S. Puttaswamy v. Union of India & Ors case marked a pivotal moment in India’s privacy jurisprudence, affirming the right to privacy as a fundamental right under Article 21 of the Constitution. The judgment addressed various aspects of privacy, including informational privacy, decisional autonomy, surveillance, and data protection,
Policy Brief: Navigating the Fundamental Right to Privacy in India Read More »
At the outset, we would like to congratulate the Department of Communications, Government of India, on the consultation paper on ‘Need for a new legal framework governing Telecommunication in India’. The paper adopts a forward-looking approach with a key focus on simplifying the regulatory framework and reforming right of way and spectrum management. Further, the
The National Health Authority (‘NHA’) has developed Data Sharing Guidelines to regulate the use of personal data of beneficiaries of the PM-JAY scheme. As highlighted in the guidelines, the scope of application extends to data across the digital health ecosystem that includes PM-JAY as well as Health Wellness Centres and the ecosystem partners. It is
Response: National Health Authority’s Draft Data Sharing Guidelines Read More »
The proposed changes to the Competition Act, 2002, introduced through the Competition (Amendment) Bill, 2022, the Competition (Amendment) Bill, 2020, and the report of the Competition Law Review Committee (CLRC Report), are seen as a positive step towards enhancing business ease and consumer protection, yet further improvements are needed, especially in adapting to the evolving
In the first policy brief as part of the series, we focus on the provisions of inter-sectoral regulation and coordination in the Data Protection Bill 2021. Since technology cuts across multiple sectors, privacy and data protection are both vertical (across sectors) and horizontal (across the size of the business) in nature. This will cause challenges
The Dialogue – NASSCOM Policy Brief Series on Data Protection Bill 2021 Read More »
The Dialogue and IAMAI launched our impact assessment study on Part II of the IT Rules, 2021: A Regulatory Impact Assessment Study on July 4, 2022. Given the rise in online harms, the MeitY introduced the Information Technology (Intermediary Guidelines & Digital Media Ethics Code) Rules, 2021, in February 2021. While many provisions addressed some
IT Rules, 2021: A Regulatory Impact Assessment Study | Volume 1 Read More »
Our response highlights the manner in which data ownership is dealt with in the draft NDGPF. We also highlight the need for the next step in policy interventions to ensure the optimal allocation of economic rights. We study the approach towards governance with a particular focus on the institutional mechanism envisaged. Lastly, we list out
Response to the Draft National Data Governance Framework Policy Read More »
The Reserve Bank of India mandated the deletion of card-on-file data by merchants and PA/PGs. Industry bodies and civil society organisations gave inputs seeking an extension of this deadline in December last year, including The Dialogue and Deepstrat, which published a paper outlining the challenges associated with rushed compliance. The RBI, taking cognisance, gave a
