India Considering New Data Privacy Law

The Indian government is currently considering a landmark data privacy law dubbed the Personal Data Protection Bill of 2018. The PDPB has some similarities to the European Union’s GDPR, and would significantly impact U.S. companies’ decisions on whether to use Indian data processors and whether to utilize and maintain the personal data of Indian consumers.

Key provisions include:

  • The right to know how data is being used;
  • The ability to correct misleading data;
  • Data portability rights; and
  • The right to restrict companies from using previously shared data

The PDPB would also require the establishment of a Data Protection Authority, to whom data breaches would have to be reported. The DPA would have the ability to initiate investigation and impose significant fines of up to Rs. 15 crore (approximately $ 2,100,000) or 4% of total worldwide revenue, whichever is higher.

Depending upon the nature and volume of data processed, certain entities could be designated as “Significant Data Fiduciaries” and be subject to additional requirements, such as the appointment of a Data Protection Officer and heightened auditing.

Consistent with worldwide data privacy and security trends, “data fiduciaries” would be required to implement reasonably appropriate safeguards and to maintain personal data only for as long as a reasonably legitimate need to do so exists.

The proposed bill also requires that a copy of all covered personal data be maintained on an Indian-based server. The Indian government would possess the authority to classify information as “critical personal data,” which may only be stored within India. Indian trade groups have criticized the data localization provision.

The bill is currently under consideration by the Indian Ministry of Electronics and Information Technology. It must then pass the Indian Parliament.

Richard B. Newman is a digital media and privacy lawyer at Hinch Newman LLP focusing on advertising and digital media matters.  He is a member of the International Association of Privacy Professionals.

Advertising Material. Informational purposes only. Not legal advice. Always seek the advice of an attorney. Previous case results do not guarantee similar future result. Hinch Newman LLP | 40 Wall St., 35th Floor, New York, NY 10005 | (212) 756-8777.

Are Revisions to the Landmark California Privacy Bill Forthcoming?

In June 2018, California lawmakers passed a groundbreaking, GDPR-like privacy law.   It is the strictest in the nation. The California Consumer Privacy Act of 2018 provides “consumers” (i.e., natural persons that are California residents) some fundamental rights in relation to their personal information. The right to know what personal information is collected about them, where … Continue reading Are Revisions to the Landmark California Privacy Bill Forthcoming?

New York Law Journal Publishes Article by Richard Newman About FTC Focus on Influencer Disclosures

The New York Law Journal recently published an article (registration required) authored by Richard B. Newman. The article, “FTC Laser Focused on Paid Social Media Influencer Disclosures” addresses recent Federal Trade Commission investigation and enforcement of the FTC’s Endorsement Guides, including disclosure of material connections.  The article also discusses how third-parties are potentially liable for the missteps of influencers, measures that should be … Continue reading New York Law Journal Publishes Article by Richard Newman About FTC Focus on Influencer Disclosures

Cyberattack Compromised Reddit Database

According to a recent report, Reddit has informed its users that a hacker compromised some of its systems and accessed user data stored on a 2007 database that contained usernames, passwords and posts. The report states that the information was hashed for protection and that the company is in the process of informing users that … Continue reading Cyberattack Compromised Reddit Database

FTC Announces That it Has Halted Bogus Grants Operation

The Federal Trade Commission has announced that it has put a stop to the telemarketing operation of defendants that allegedly took millions of dollars from consumers – including elderly and disabled persons – seeking help with paying debts and personal expenses, such as credit card debts, medical bills and home repairs. According to the Commission, … Continue reading FTC Announces That it Has Halted Bogus Grants Operation