Stakeholders’ responses to the White Paper on a data protection framework in India

In a 4 part series, we have mapped the publicly accessible opinions of 27 stakeholders on the White Paper of the Committee of Experts on a Data Protection Framework for India, released on 27^th November, 2017 (“White Paper”). Comments of all 27 stakeholders are available here.

In each of our posts, a table provides a brief snapshot of where different stakeholders stand on the issue being addressed in the post. Posts are based entirely on our understanding of stakeholders’ responses that have been compiled by the Future of Finance Initiative of Dvara Research. We have not reached out to anyone for clarifications/comments on their comments on the White Paper. We hope that this provides some insight into what some stakeholders in the country are thinking. The following 4 posts are accessible on our blog:

1. Part 1 – Cross Border Data Flows: Addresses the question of jurisdictional challenges and measures needed to address issues arising from cross border data flows.
2. Part 2 – Data Localization: Addresses the issues arising from data localization including implementation of data localization and economic impact of such a mandate.
3. Part 3 – Scope of Law: Addresses issues related to the scope of the proposed data protection law including inclusion of natural/juristic persons and private/public sector, and extra-territorial and retrospective application, in the proposed law.
4. Part 4 – Grounds of Processing: Addresses the question of permissible grounds of processing including the primacy of consent for processing personal data and reliance on notice and choice mechanism for operationalizing consent.

 [This post is authored by Pushan Dwivedi, Associate, Ikigai.]