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January, 2025
January, 2025
The Rules require data fiduciaries to provide detailed notices that explain the purpose of data processing and the rights of data principals, outline the conditions for the registration of consent managers and their obligations, reinforce the rights of data principals, including the right to access their data and request its erasure with stipulations that data fiduciaries must facilitate these rights and provide clear mechanisms for grievance redressal, and provide exemptions for data processing conducted for research or statistical purposes, provided that such processing adheres to specified standards. The Rules also mandate that data fiduciaries implement reasonable security measures to protect personal data; in the event of a data breach, fiduciaries are required to notify both the affected data principals and the Board, detailing the breach and the measures taken to mitigate its impact. The Rules also place additional responsibilities on data fiduciaries when processing children's data; verifiable consent from parents or guardians is required, and specific exemptions are provided for certain classes of fiduciaries.
August, 2023
In August 2023, the Digital Personal Data Protection Bill, 2023 was introduced in Parliament. The Bill had a few key differences from the draft released for public consultation viz, personal data processing outside India would now be undertaken as per a country blocklist which would be notified by the Union Government, exemptions provided to the government for data processing activities were expanded, and the appeals process was reworked to designate the Telecom Disputes Settlement and Appellate Tribunal as the appellate tribunal to address appeals against decisions of the Data Protection Board constituted in the draft legislation. The Bill was passed by both houses, received the president’s assent and became the Digital Personal Data Protection Act, 2023
November, 2022
April, 2022
February, 2022
December, 2021
December, 2020
March, 2020
September, 2019
August, 2017
In a landmark judgement on the “Right to Privacy”, the Supreme Court of India unanimously recognized the right to privacy as an element of the fundamental right to life and personal liberty under Article 21. The nine-judge bench also stated that the right to privacy stems from the aspects of freedom and dignity recognised and guaranteed by the fundamental rights contained in Part III of the Indian constitution. However, the judgement also held that the right to privacy is not an absolute right, and any incursion of privacy should meet three conditions viz., legality i.e., a legislative mandate, legitimate state aim, and proportionality.
April, 2011
