JCP Recommendations The Personal Data Protection Bill is similar in some aspects to global standards such as the European Union’s General Data Protection Regulation, but differs in aspects such as jail terms. to keep track:
Similarities between the EU General Data Protection Regulation and the JCP Recommendations on Data Protection Bill:
, a settlement
I: To be able to opt in or out, users must have informed consent to the way their data is processed.
India: Data processing should be done in a fair and transparent manner while ensuring confidentiality
, to violate
I: The breach must be reported to the supervisory authority within 72 hours of the leak so that steps can be taken to protect user information
India: The data protection authority must be notified within 72 hours; DPA will decide whether users need to be informed and what steps should be taken
, transition duration
I: Transition period of two years to implement the provisions of GDPR
India: 24 months in total; 9 months for registration of data fiduciary, 6 months for starting DPA
, data fiduciary
I: A data trustee is any natural or legal person, public authority, agency or body that determines the purposes and means of data processing
India: Similar suggestions; Also, NGOs that process data for inclusion as trustees
Difference between EU regulation and JCP recommendations:
, anonymous information
I: The principles of data protection do not apply to anonymous information as it is impossible to tell one from the other.
India: Non-personal data must be covered by a data protection law such as non-personal data
, punishment
I: No jail terms. Fines up to EUR 20 million, or in the case of undertakings, up to 4% of their total global turnover for the previous financial year
India: Imprisonment up to 3 years, fine of Rs 2 lakh or both if de-identified data is re-identified by a person.
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