Data Protection Bill, 2018

  • The Committee of Experts on a Data Protection Framework for India (Chairman: Justice B. N. Srikrishna) submitted its report and draft Bill to the Ministry of Electronics and Information Technology on July 27, 2018. The Committee was constituted in August, 2017 to examine issues related to data protection, recommend methods to address them, and draft a data protection Bill.
  • The Bill allows processing of data by fiduciaries if consent is provided.
  • Further, processing of sensitive personal data (e.g., caste, religion, and sexual orientation of the individual) requires explicit consent.
  • However, in certain circumstances, processing of data may be permitted without consent of the individual.
  • The Bill provides for the establishment of a Data Protection Authority to:
    • Protect interests of individuals
    • Prevent misuse of personal data, and
    • Ensure compliance with the Bill