India is at the cusp of enacting a data protection legislation. After an eventful year following the Supreme Court’s Puttaswamy judgment interpreting right to privacy as a fundamental right and the appointment of experts’ committee on data protection in India by the Ministry of Electronics and Information Technology, enactment of data protection legislation appears to be finally nearer to its next stage.
On July 27, 2018, a ten-member committee of experts on the data protection framework in India submitted a 176-page report and a draft bill entitled The Personal Data Protection Bill, 2018 (“Draft Bill”) to the Minister of Electronics and Information Technology, Ravi Shankar Prasad. The committee was chaired by retired Indian Supreme Court Justice B.N. Srikrishna.
It is essential that the privacy and data protection framework for the next billion users of the internet is informed by global best practices, and provides a strong user rights-respecting regime. Foremost amongst these global standards and practices are those created and enforced by the EU. After many years of implementing its Data Protection Directive, the EU advanced its regulatory regime for data protection by enacted and recently officially implementing the General Data Protection Regulation (GDPR).
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