India drafts data protection legislation

India has over 760 million active internet users and data protection has been of growing concern in the country since the Supreme Court declared privacy a fundamental right in 2017. 

India’s Ministry of Electronics and Information Technology formulated the personal data protection bill in 2018, referring it to the joint parliamentary committee for examination in 2019.

The joint parliamentary committee’s report on the bill was adopted and tabled in December 2021, with 93 recommendations and a revised version of the bill. The bill was withdrawn in August 2022 but the new version is now out for consultation.

In drafting the bill, the government reviewed personal data protection legislation in Singapore, Australia, the European Union, and prospective legislation in the US.

The bill will establish a comprehensive legal framework governing digital personal data protection in India. It covers the processing of digital personal data in a manner that recognises the right of individuals to protect their data, societal rights and the need to process data for lawful purposes.