Data Privacy and Protection

The Department of Telecommunications ("DOT") has notified the Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules 2024 ("Interception Rules") vide its notification dated December 6, 2024, replacing the extant Indian Telegraph Rules 1951. ......

On October 8, 2024, through a consultation paper released by the Securities and Exchange Board of India ("SEBI") a new policy has been proposed on data-sharing for the purposes of research and analysis ("Policy"). The Policy is applicable to all intermediaries and Market Infrastructure Institutions ("MIIs") and is aimed at streamlining business operations in India's financial markets while addressing critical data privacy challenges. . . . ...

On August 7, 2023, the Lok Sabha passed the new Digital Personal Data Protection Bill, 2023 ("Data Protection Bill") to provide for the processing of digital personal data. Currently, India does not have a standalone law on data protection. Use of personal data is currently regulated under the Information Technology (IT) Act, 2000. ......

In today’s news cycle, the interplay of AI, media, and privacy regulations are omnipresent and inescapable hot-button issues. However revolutionary as this advancement in technology may be, such fast-paced growth may have several repercussions on our everyday lives. We are moving towards a world where we co-opt and coexist with AI, becoming increasingly more intertwined with our everyday lives. ......

In 2017, the Supreme Court ruled that the right to privacy is a fundamental right under the Indian constitution. Subsequently, in 2018, the first draft of the Personal Data Protection Bill was prepared by an expert committee set up by the Ministry of Electronics and Information Technology (MeitY). ......

India has witnessed a steep rise in digital adoption, culminating in an increased usage of networked payment infrastructures like UPI, coordinated healthcare and vaccination platforms like CoWIN and Ayushman Bharat and the like. At the same time, processing abuse poses privacy risks and other harms at an individual and collective level. ......

Earlier this August (August 8, 2022), the Government of India notified the Passenger Name Record Information Regulations, 2022 ("PNR Regulations") in order to provide a defined framework for collection of specified details relating to international passengers travelling by air. ......

The Ministry of Electronics and Information Technology ("MEITY") has published the draft National Data Governance Framework Policy ("NDGFP") on May 26, 2022 which aims to transform and modernize government data collection and management processes. The purpose of the NDGFP outlined in the draft is to enable an artificial intelligence and data led research and start-up ecosystem in India by creating a large repository of datasets. ......

On February 21, 2022, the Ministry of Electronics and Information Technology (MeitY) published the draft India Data Accessibility and Use Policy on its website. The draft of the policy was made available for the purpose of inviting public feedback till mid-March, 2022. Since then, the policy has garnered considerable attention and critical acclaim. ......