white_paper_on_data_protection_in_india_171127_final_v2

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4. The data protection authority may issue codes of practice which prescribe the formats for such notifications. 2.13 Questions 1. What are your views in relation to the above? 2. How should a personal data breach be defined? 3. When should personal data breach be notified to the authority and to the affected individuals? 4. What are the circumstances in which data breaches must be informed to individuals? 5. What details should an breach notification addressed to an individual contain? 6. Are there any alternative views in relation to the above, others than the ones discussed above? 166
C. CATEGORISATION OF DATA CONTROLLERS 2.14 Issues Due to the breadth of a data protection law, its effectiveness can come to depend on the ability of a regulatory body to have adequate awareness and monitoring capacity of actual data protection practices so that it can identify and effectively address data protection risks. Not all processing activities pose risks of similar gravity and the nature or volume of the data being processed or the form of the processing operations themselves may require greater scrutiny and oversight. Such differentiation can be seen, for example, in banking regulation where ―systemically important financial institutions‖ seem to require additional forms of regulation. 735 An example of a general exemption on the basis of the nature of the entity may be found under the (Australian) Privacy Act, 736 where ―small businesses‖ (with an annual turnover AUD 3 million or less) are exempt from obligations under the Privacy Act, though they may, nonetheless, have such duties in certain circumstances such as when the business discloses personal information about another individual for a benefit, service or advantage. Other instances of differentiated regulation within the data protection laws of other jurisdictions are outlined in specific points below regarding the additional obligations for these different entities. Different jurisdictions have categorised data controllers for the purposes of certain additional obligations and have made this categorization on varying criteria. 2.15 Additional Obligations on Data Controllers (i) Registration In the context of data protection, there is a need for prior identification and availability for monitoring of data controllers. As a result of this, data protection laws can create a registration requirement for data controllers. However, given the sheer multitude of such entities, it may actually be counterproductive for the requirement to be placed on all of them. International Practices In the UK, as per Section 17 of the UK DPA, no processing of personal data can be done by any data controller unless an entry on that entity is included in the register maintained by the Information Commissioner. However, it allows for an exemption from registration for processing that is not harmful, through notification by the Secretary of State and for processing for the sole purpose of maintaining a public register. 737 735 Financial Stability Board, ‗Reducing the moral hazard posed by systemically important financial institutions: FSB Recommendations and Time Lines‘ (20 October 2010), available at: http://www.fsb.org/wpcontent/uploads/r_101111a.pdf, (last accessed 28 October 2017). 736 Sections 6C, 6D and 6E Privacy Act. 737 More than 400,000 organisations are currently registered: See ICO, ‗Register (notify) under the Data Protection Act,‘ available at https://ico.org.uk/for-organisations/register/ (last accessed 28 October 2017). 167
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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
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CHAPTER 9 : DATA LOCALISATION 9.1 I
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(iii) IT-BPO/BPM Industrial Growth
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amounts of computer hardware, they
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In Indonesia, the regulation regard
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Distribution of Insurance Products)
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Another advantage of relying on con
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individuals may find it impossible
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that the collection is reasonably n
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CHAPTER 2: CHILD’S CONSENT 2.1 In
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the cloud service provider as to st
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The PIPEDA does not specifically de
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7. How can the requirement for pare
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mechanism still continues to play a
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3.3 International Practices Despite
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(CALOPPA) 466 and the GLB Act requi
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CHAPTER 4: OTHER GROUNDS OF PROCESS
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This ground covers two types of sce
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that there may be certain situation
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CHAPTER 5: PURPOSE SPECIFICATION AN
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collected for more than one purpose
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enable data controllers to understa
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CHAPTER 6: PROCESSING OF SENSITIVE
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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 and 130: solely for archiving purposes in th
Page 131 and 132: 2. Data Quality: The principle of d
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: There is a need to put in place a n
Page 179 and 180: The Treasury Board of Canada Secret
Page 181 and 182: Under the EU GDPR, only certain dat
Page 183 and 184: 5. What range of additional obligat
Page 185 and 186: D. DATA PROTECTION AUTHORITY 2.18 I
Page 187 and 188: and approval of the appointment by
Page 189 and 190: The supervisory authority shall pro
Page 191 and 192: . Advisory The functions of the OAI
Page 193 and 194: standards be set by different entit
Page 195 and 196: maintain reasonable security practi
Page 197 and 198: notices‘ 827 and ‗information n
Page 199 and 200: 5. Given that the Appellate Tribuna
Page 201 and 202: CHAPTER 4: REMEDIES A. PENALTIES In
Page 203 and 204: sector, size, financial and other r
Page 205 and 206: to an overly adverse impact on smal
Page 207 and 208: B. COMPENSATION Awarding of compens
Page 209 and 210: United Kingdom As per the guidance
Page 211 and 212: C. OFFENCES There are certain types
Page 213 and 214: 4.11 Provisional Views 1. The law m
Page 215 and 216: SCOPE AND EXEMPTIONS 1. Territorial
Page 217 and 218: 6. Are there any other views relati
Page 219 and 220: 2. Should the definition of process
Page 221 and 222: 1. What are your views on including
Page 223 and 224: 9. Data Localisation Data localisat
Page 225 and 226: 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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