New privacy bill needs to address cross-border data flows, crypto and more: experts

Industry stakeholders on Thursday said the new framework of the Personal Data Protection Bill should emphasize cross-border data flows and data localization requirements, ransomware, blockchain-based crypto/NFT scams and even Chinese Tax evasion by tech companies should also be brought under its purview.

IT industry body Nasscom said data is the foundation for ‘Digital India’ and the new framework builds on the global implementation of data privacy laws and stakeholder feedback on the earlier bill. can do.

Nasscom said in a statement, “The key requirements will be to enable the fundamental right to privacy and enable data protection in a manner that builds trust in data-driven businesses and secure and reliable data-led services.” allowed to grow in a manner,” Nasscom said in a statement.

The government has withdrawn the controversial Personal Data Protection (PDP) Bill 2019, which has undergone 81 amendments till date, saying it will soon introduce a new, faster bill that will protect the data of billions of citizens. fits into a comprehensive legal framework.

IT Minister Ashwini Vishnu said that the draft of the new PDP Bill which will protect the digital privacy of individuals is almost ready.

According to Sajai Singh, partner at law firm Jay Sagar Associates (JSA), the main issue is the practicality of the bill becoming the law of the land.

“The draft PDP bill needs to be updated with ground realities, ethics and AI, ransomware more sophisticated, crypto and NFTs add commercial dimension to blockchain technology and things like that,” Singh said.

On parallel ground, the Digital India Act has been drafted, which will update and replace the Information Technology Act, 2000.

“Various multinational companies are interested to see how Indian law will address issues such as cross-border data flows, data localization requirements and restrictions on certain services such as VPN (Virtual Private Network),” Singh added. “

Given the number of outstanding queries on issues like non-personal data, data localization, cross-border data flow and central government exemptions, Aparajita Bharti, founding partner, TQH Consulting, said, “The government intends to bring a new bill which All in. Feedback can be a positive step.

The first PDP bill drew intense scrutiny from privacy advocates, industry stakeholders and tech companies.

The bill was first introduced in 2019 and then referred to a joint committee. The JCP report identified a number of issues that were relevant but outside the scope of modern digital privacy law.

New Delhi-based cyber law expert Virag Gupta said several cases of data breaches and tax evasion by Chinese companies have been detected by Indian agencies.

“The industry and the government have suggested many times that India needs a comprehensive Information Technology Act. The government has brought ordinances on several important issues. Early implementation of data protection and data localization will generate massive tax revenue and There will be huge employment opportunities in the country”, Gupta told IANS.

Indian companies have seen massive data breaches this year and in the absence of data protection laws, individuals have little or no protection, said Amit Jaju, senior MD, Ancora Consulting.

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