white_paper_on_data_protection_in_india_171127_final_v2

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The EU GDPR prescribes that data must be accurate and where necessary kept up to date. Further, organisations must take every reasonable step to ensure, in light of the purpose for which they are processed, inaccurate data are erased or rectified. 547 United Kingdom Under the UK DPA, personal data is required to be accurate and where necessary, kept upto date. 548 Canada Under PIPEDA, the principle of accuracy requires that data be accurate, complete and up-todate as is necessary for the purposes for which it is used. 549 However, the principle specifies that an organisation shall not routinely update personal information, unless it is necessary for the purpose for which it was collected. 550 Australia Under the Privacy Act, an organisation is required to take steps which are reasonable in the circumstances to ensure that the personal data it collects is accurate, up-to date and complete. Such as obligation also exists at the stage of use and disclosure. 551 South Africa In South Africa an organisation needs to take reasonably practicable steps to ensure personal information is complete, accurate, not misleading and updated where necessary. 552 While ensuring accuracy of data, the organisation must have regard for the purpose for which the data is to be processed. 553 7.4 Provisional views 1. Storage Limitation: The principle of storage limitation is reflected in most data protection laws and may consequently also find place in a data protection law for India. Further, it may not be feasible to prescribe precise time limits for storage of data since the purpose of processing will determine the same. However, the use of terms ―reasonably necessary/necessary‖ may be employed and thereafter guidelines issued by the regulator, industry practices, interpretation by courts can bring clarity when it comes to implementation. 547 Article 5(1)(d), EU GDPR. 548 Principle 4, Part 1, Schedule 1, UK DPA. 549 Principle 6, Schedule 1, PIPEDA. 550 Principle 6, Schedule 1, PIPEDA. 551 APP 10, Schedule 1, Privacy Act. 552 Section 16(1), POPI Act. 553 Section 16(2), POPI Act. 120
2. Data Quality: The principle of data quality is reflected in most data protection laws and consequently may be incorporated in a data protection law. Further, such a provision ought to achieve a balance between the burden imposed on industry and the requirement for accuracy. Again, the employment of terms ―reasonably necessary‖ may be employed to achieve this purpose. 7.5 Questions 1. What are your views on the principles of storage limitation and data quality? 2. On whom should the primary onus of ensuring accuracy of data lie especially when consent is the basis of collection? Alternatives: a. The individual b. The entity collecting the data 3. How long should an organisation be permitted to store personal data? What happens upon completion of such time period? Alternatives: a. Data should be completely erased b. Data may be retained in anonymised form 4. If there are alternatives to a one-size-fits-all model of regulation (same rules applying to all types of entities and data being collected by them) what might those alternatives be? 5. Are there any other views relating to the concpets of storage limitation and data quality which have not been considered above? 121
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WHITE PAPER OF THE COMMITTEE OF EXP
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inclination to peruse the contents
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TABLE OF CONTENTS Foreword.........
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(x) Impact on development of teleco
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9.1 Introduction ..................
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1. A Digital India in a Digital Wor
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information can then be used to cre
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Privacy is a complex concept that h
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The FIPPS were soon followed by the
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In light of these developments, the
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OECD Guidelines, 68 and sought to a
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Constitution - the right against un
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visits at night and regular surveil
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or necessary for legal compliance.
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Aadhaar based authentication which
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tested as per the contemporary Indi
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man and woman must be kept in mind.
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of the law. Second, the ease of cro
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ambit of the term organisation. 191
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1. What are your views on what the
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2.2 Horizontality of Application (P
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a. The law could regulate personal
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This distinction between data and i
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(iv) Pseudonymisation and Anonymisa
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that the information is not in the
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CHAPTER 4: SENSITIVE PERSONAL DATA
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protection. Subject to an evaluatio
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South Africa The POPI Act defines p
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a. All personal data processed must
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an employee of the controller who g
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. Clear bifurcation of roles and as
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7.2 Specific Exemptions and Interna
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In India, collection of statistical
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of imposition of similar nature.‘
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mechanism to provide prior approval
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1. What are your views on including
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To facilitate the cross-border tran
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(ii) Binding Corporate Rules BCR ar
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individual to take action to enforc
Page 79 and 80: CHAPTER 9 : DATA LOCALISATION 9.1 I
Page 81 and 82: (iii) IT-BPO/BPM Industrial Growth
Page 83 and 84: amounts of computer hardware, they
Page 85 and 86: In Indonesia, the regulation regard
Page 87 and 88: Distribution of Insurance Products)
Page 89 and 90: Another advantage of relying on con
Page 91 and 92: individuals may find it impossible
Page 93 and 94: that the collection is reasonably n
Page 95 and 96: CHAPTER 2: CHILD’S CONSENT 2.1 In
Page 97 and 98: the cloud service provider as to st
Page 99 and 100: The PIPEDA does not specifically de
Page 101 and 102: 7. How can the requirement for pare
Page 103 and 104: mechanism still continues to play a
Page 105 and 106: 3.3 International Practices Despite
Page 107 and 108: (CALOPPA) 466 and the GLB Act requi
Page 109 and 110: CHAPTER 4: OTHER GROUNDS OF PROCESS
Page 111 and 112: This ground covers two types of sce
Page 113 and 114: that there may be certain situation
Page 115 and 116: CHAPTER 5: PURPOSE SPECIFICATION AN
Page 117 and 118: collected for more than one purpose
Page 119 and 120: enable data controllers to understa
Page 121 and 122: CHAPTER 6: PROCESSING OF SENSITIVE
Page 123 and 124: may instrumentally be caused if the
Page 125 and 126: PIPEDA does not specifically deal w
Page 127 and 128: CHAPTER 7: STORAGE LIMITATION AND D
Page 129: solely for archiving purposes in th
Page 133 and 134: data protection laws across jurisdi
Page 135 and 136: The requirement to be provided the
Page 137 and 138: Information Act, 1982 or other appr
Page 139 and 140: CHAPTER 9: INDIVIDUAL PARTICIPATION
Page 141 and 142: . the processing is unlawful and th
Page 143 and 144: such a right may be unsuitable in t
Page 145 and 146: from being taken solely on the basi
Page 147 and 148: CHAPTER 10: INDIVIDUAL PARTICIPATIO
Page 149 and 150: emove data for ―the processing of
Page 151 and 152: South Africa Section 24 of the POPI
Page 153 and 154: PART IV REGULATION AND ENFORCEMENT
Page 155 and 156: they form core, substantive element
Page 157 and 158: CHAPTER 2: ACCOUNTABILITY AND ENFOR
Page 159 and 160: have been taken or that the data su
Page 161 and 162: The EU GDPR focuses on a ―risk ba
Page 163 and 164: person who processes personal infor
Page 165 and 166: with developing certain baseline ac
Page 167 and 168: ENFORCEMENT TOOLS 2.6 Introduction
Page 169 and 170: Australia The Privacy Act makes ext
Page 171 and 172: B. PERSONAL DATA BREACH NOTIFICATIO
Page 173 and 174: eputation, and loss of confidential
Page 175 and 176: There is a need to put in place a n
Page 177 and 178: C. CATEGORISATION OF DATA CONTROLLE
Page 179 and 180: The Treasury Board of Canada Secret
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Under the EU GDPR, only certain dat
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5. What range of additional obligat
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D. DATA PROTECTION AUTHORITY 2.18 I
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and approval of the appointment by
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The supervisory authority shall pro
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. Advisory The functions of the OAI
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standards be set by different entit
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maintain reasonable security practi
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notices‘ 827 and ‗information n
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5. Given that the Appellate Tribuna
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CHAPTER 4: REMEDIES A. PENALTIES In
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sector, size, financial and other r
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to an overly adverse impact on smal
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B. COMPENSATION Awarding of compens
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United Kingdom As per the guidance
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C. OFFENCES There are certain types
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4.11 Provisional Views 1. The law m
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SCOPE AND EXEMPTIONS 1. Territorial
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6. Are there any other views relati
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2. Should the definition of process
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1. What are your views on including
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9. Data Localisation Data localisat
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2. Child’s Consent It is estimate
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Alternatives: a. Assigning a ‗dat
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If ‗sensitive personal data‘ is
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2. Should there be a restriction on
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3. Does a right to be forgotten add
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1. What are your views on the use o
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oth for principled and practical re
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Questions 1. What are your views on
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12. In cases where compensation cla
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3. What are the mitigating circumst
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