Data protection and Privacy in India are beginning to gain traction after the famous Puttaswamy judgment. The Supreme Court of India in this 2017 judgment held that the right to privacy is a fundamental constitutional right. Although recognised as such, India is still in its nascent stage vis-a-vis data protection and privacy.
The country is yet to grasp the enormity of such individual freedom that it has been granted. It is for both, companies and individuals, to recognise the importance of data protection and privacy, a fundamental right in India now.
Privacy goes hand in hand with the protection of one’s data. Perhaps the most important of such data protection legislation is the General Data Protection Regulation (GDPR) of the European Union. GDPR has fundamentally sought to give EU citizens control of their own data. The implementation and enforcement of GDPR across Europe has met with much success. India currently does not have a specific data protection legislation. Although the Government of India will likely enact the draft Personal Data Protection Bill, 2019 soon. A thorough understanding and awareness on GDPR, Data Protection, and Privacy would bode well for organisations in this digital economy.
The draft bill has many similarities to GDPR. Only time and the passage of the bill will tell whether or not it finds equal success as has GDPR. Nevertheless, it is imperative that organisations in India start preparing so that they may be in compliance once the bill becomes law. Furthermore, any organisation that seeks to do business in Europe and handle EU citizens' data needs to ensure it complies with the provisions of GDPR. It would be prudent for companies in India to start the process of compliance with GDPR. This will ensure that they are better equipped when the Indian Personal Data Protection Bill comes into force.
How Sentilius® can help:
At Sentilius® we advise companies on the various compliances outlined in GDPR, Data Protection, and Privacy so that they can show adherence to data protection principles now recognised the world over.