EU indicates reservations on the Indian draft data protection bill

23 Nov 2018

For the European Union, the Indian draft data protection bill raises several concerns.   As detailed in a written submission to the Indian Ministry of Electronics and Information Technology (MeitY), the main issues for the EU concern the level of discretion on key matters given to the government and the DPA, the independence of the DPA, the exemptions from data protection safeguards provided to law enforcement authorities, and the introduction of data localization requirements.

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Privacy and data protection are two interrelated Internet governance issues. Data protection is a legal mechanism that ensures privacy. Privacy is usually defined as the right of any citizen to control their own personal information and to decide about it (to disclose information or not). Privacy is a fundamental human right. It is recognised in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and in many other international and regional human rights conventions. The July 2015 appointment of the first UN Special Rapporteur on the Right to Privacy in the Digital Age reflects the rising importance of privacy in global digital policy, and the recognition of the need to address privacy rights issues the the global, as well as national levels.

 

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