The forthcoming Digital Personal Data Protection Bill, 2022 enactment signals a transformative phase in India's data privacy landscape. Designed to safeguard personal data, the Bill extends its reach broadly, engaging businesses and governmental and public sector organisations amassing and processing consumer data. The subsequent guide proposes a strategic trajectory for these organisations to align their data management practices with the groundbreaking DPDPB:
Deciphering the DPDPB:
Comprehending the essence of DPDPB is vital. Public sector organisations should delve into the bill's principal provisions and responsibilities as data fiduciaries. Leveraging the expertise of legal professionals and data protection officers will prove invaluable in unravelling the complexities of the bill and ensuring its directives permeate throughout the organisation.
Honing Data Management Policies:
The DPDPB heralds a new era of transparency in data handling. Accordingly, governmental bodies must adapt by honing their data management policies to clarify the rationale behind data collection, usage, and retention period. These lucid and concise policies should be readily accessible to individuals whose data is processed.
Implementing Data Localisation:
The DPDPB emphasises the importance of data localisation, necessitating that a copy of all personal data be retained within Indian servers. To uphold this requirement, public sector organisations must invest strategically in infrastructure or engage services, ensuring rigorous compliance.
Establishing Solid Data Protection Measures:
Implementing unassailable data protection measures is essential, with significant financial consequences linked to non-compliance. This includes, but is not limited to, encryption, secure data transfer, routine audits, and fostering a cybersecurity-aware culture through staff training, all aiming to substantially mitigate the risk of breaches.
Appointing a Data Protection Officer (DPO):
The PDPB mandates the appointment of a DPO, a pivotal role tasked with advising on compliance, supervising data handling practices, and liaising with the Data Protection Authority. This critical responsibility should be entrusted to an experienced professional with a deep understanding of data privacy laws and best practices.
Undertaking Proactive Data Privacy Impact Assessments:
Public sector organisations are advised to proactively conduct Data Privacy Impact Assessments, especially in the event of new technology adoption or large-scale processing of sensitive personal data. This vital practice aids in identifying and addressing potential risks, forming part of a comprehensive mitigation strategy.
Facilitating Expanded Consumer Rights:
The PDPB endows individuals with increased rights concerning their data. To accommodate this, public sector entities must design and implement efficient systems to manage requests for data access, correction, portability, and erasure.
Revising Contracts with Data Processors:
With the PDPB extending obligations to data processors, public sector organisations must reassess their contracts with third-party service providers. This ensures that their contractual agreements reflect sufficient data protection measures.
The clearance of the Digital Personal Data Protection Bill by cabinet and its likely placement during the ongoing Monsoon Session of Parliament marks a milestone in India's journey towards comprehensive data privacy. While compliance requires substantial effort from public sector organisations, it also provides a unique opportunity to foster public trust through enhanced data handling protocols. As custodians of public data, these organisations play a crucial role in building a transparent, secure, and accountable digital ecosystem.
The author is founder & CEO, India Future Foundation. Views are personal.
