Non-personal data needs more clarity: Nasscom

IT industry’s apex body Nasscom and the Data Security Council of India (DSCI) on Thursday welcomed the amended Data Protection Bill 2019, saying that a strong data protection plan to protect the privacy of Indian citizens while driving India’s success in the digital economy. Law is important. The Joint Parliamentary Committee (JPC) has released a revised version of the 2019 Bill, now called the “Data Protection Act of 2021” (2021 Bill).

Nasscom President Debjani Ghosh said, “While JPC has retained the positives with the 2019 Bill, and has accepted many more recommendations from the industry, further deliberations will be required in certain areas – particularly non-governmental organizations. Expanding the scope to cover personal data. “NASSCOM will continue to work with the government towards passing a law that brings regulatory certainty and fulfills our collective duty to protect India’s personal data,” he added.

JPC has made some important recommendations that explicitly go beyond the scope of the proposed data protection law, including stringent data localization policies, social media intermediaries and the financial system. NASSCOM-DSCI expects these to be widely debated and discussed so that India continues to enable cross-border data flow without undue restrictions, provide an effective ‘safe harbor’ regime for intermediaries and provide a platform for the fintech and financial sector. To ensure a globally competitive market ecosystem. Mango.

Nasscom said the proposal in the report applies to “non-personal data” and requires careful analysis and intense debate to have a “single regulator” for both personal and non-personal data. “This is necessary as the policy on non-personal data mandates that data driven innovation be enabled and economic value unlocked. These imperatives necessarily require a different regulatory approach to regulating personal data processing, where the focus is primarily on protecting privacy and preventing harm arising from the misuse of personal data. “

India’s Information Technology (IT) and Business Process Management (BPM) industry accounts for $150 billion in annual exports to over 100 countries. “Need to exempt processing of foreign data in India from certain conditions, prescribing broad powers to exempt platform agencies without adequate checks and balances, and emphasis on treatment of processing by the state and the private sector equally.” Requires reference,” NASSCOM said.

Gaurav Shukla, partner, Deloitte India, said the committee has recommended a phased approach to implement the provisions of the Data Protection Act. “This gives both the data fiduciary and the processor time to formulate a robust strategy and implement it. The timing is also appropriate as organizations prepare to enter the new calendar year. The committee’s recommendations are also comprehensive as it brings in social media platforms and recommends bringing regulation around IoT devices,” he said.

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