Digital data bill excludes personal processing, applies to foreign firms serving India

This Bill establishes a legal framework for the processing of digital personal data in India, balancing the right of individuals to protect their data with the need to process it for lawful purposes. It defines the obligations of entities processing data and the rights of individuals regarding their personal information.

The Bill applies to any person (including individuals, companies, firms, and the State) who processes digital personal data within India or outside India if connected to offering goods or services to individuals in India. It specifically regulates 'Data Fiduciaries' (those determining the purpose and means of processing) and 'Data Processors' (those processing on behalf of a Fiduciary). It does not apply to personal data processed by an individual for personal or domestic purposes, or data made publicly available by the individual or as required by law.

• Establishment of the Data Protection Board of India to oversee compliance and handle grievances.
• Requirement for Data Fiduciaries to obtain free, specific, informed, unconditional, and unambiguous consent from Data Principals, with the right to withdraw consent easily.
• Mandatory notice to Data Principals informing them of the personal data being processed, the purpose, and how to exercise their rights or file complaints.
• Rights of Data Principals to access information about their data, request correction or erasure, and nominate a person to exercise rights in case of incapacity or death.
• Special provisions for the processing of personal data of children (under 18), requiring verification of age and consent from parents or lawful guardians.
• Additional obligations for 'Significant Data Fiduciaries' (as notified by the Central Government), including the appointment of a Data Protection Officer.
• Provision for appeals to the Telecom Disputes Settlement and Appellate Tribunal and alternate dispute resolution mechanisms.
• Penalties for non-compliance, with sums realized credited to the Consolidated Fund of India.

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