Personal Data Protection Bill India 2019 vs. GDPR

Pallavi Varanasi Cloud Security Expert - CloudCodes Software
  • April 28th, 2020

Personal Data Protection Bill

The Personal Data Protection Bill was introduced in the Indian Parliament on 11th December 2019. The European General Data Protection Regulation (GDPR) has nearly become a common thing for the Personal Data Protection Bill, not only for the stringent arrangements that it contains yet additionally for the extensiveness of the issues that it addresses. 

At its core, the Bill continues to require that Personal Data be processed relatively and reasonably while ensuring the data privacy, for purposes that are consented to by the Data Principal, or purposes incidental or connected to that.

The Application of Personal Data Protection Bill

The PDPB applies to processing individual information that has been gathered, revealed, common or in any case handled inside the region of India, Indian organizations, Indian residents, and some other people or bodies consolidated or on the other hand made under Indian law. 

The PDPB’s extent of use is possibly more extensive than that of the GDPR, as a substance may fall inside scope only by preparing individual information in India (e.g., indeed, even using a processor in India). However, this expansive extent of the application might be limited should the administration practice its position to absolve such handling exercises.

GDPR vs PDPB

  1. Indian law does not require the information guardian to share the names and classifications of different beneficiaries of the individual information with the information head. 
  2. There is no commitment to the information trustee to impart to the information head to what extent the information will be put away while gathering or whenever, as GDPR commands. 
  3. The information trustee doesn’t have to share the information if it is not gathered from him/her, which is a specific necessity in GDPR. 
  4. Unlike GDPR, there is no necessity that the information guardian share with the information heads the presence of mechanized dynamics, including profiling. 
  5. GDPR necessitates that the information subject (information head) is given a duplicate of information experiencing handling. The Indian enactment orders a rundown of that information to be shared, with no meaning of what that synopsis is.

Conclusion:

As specialists in Data Protection, the DPO Center gives exhortation and direction to associations to assist them by providing Data Protection Officers as a help. GDPR EU Representation Services required under Article 27 for associations outside the EU, as well as Data Protection Impact Assessments, Consultancy, and Training.

Further, the Bill has extended the extent of exceptions for the administration, and given that the legislature may guide information trustees to furnish it with any non-individual or anonymized information for better focusing of administrations.


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