<section class="jsx-2404185057 art__ShortDescs">A new draft of the Personal Data Protection Bill was placed in the public domain by GoI yesterday. In 2019, GoI began a legislative process of bringing a standalone personal data protection law but called off the effort this year. There are three salient aspects of the new draft. On the positive side, it provides carve-outs from the application of the law to safeguard India&rsquo;s cross-border commercial data processing industry. Also, consent for processing personal data in India needs to be obtained by giving a clear description of the purpose and details need to be provided in Indian languages. But government gets a broad-brush exemption from the data law under the umbrella of national security.</section>
<section class="jsx-2404185057 article__reader__content set1">
<p id="3">Finally, a lot of critical information that will govern the true scope and exemptions of the law have been left to subordinate legislation, or rules. These rules will be notified later. If the devil is in the details, the draft bill is&nbsp;sketchy. For example, if there&rsquo;s a personal data breach, the data processor has to notify the regulator and individuals in &ldquo;such form and manner as may be prescribed&rdquo;. This is a matter at the core of personal data protection.</p>
<p id="5">While we wait for the rules, the EU&rsquo;s General Data Protection Regulation (GDPR) is a useful example to consider. GDPR&rsquo;s protective umbrella is wider &ndash; even personal data collected manually is protected. GDPR too provides carve-outs for national security. But it&rsquo;s narrowly tailored to try and check abuse. Any exemption comes with its scope and details the related risks to the rights and freedom of data subjects. That should be the yardstick for India&rsquo;s data protection law.</p>
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