Multiple factors to be considered on cross border data transfer: Rajeev Chandrasekhar

Digital Personal Data Protection (DPDP) bill proposes the right to seek information from data fiduciaries -- entities that collect data from users -- but empowers the government to exempt entities notified from sharing information with individuals.

By: ENS Economic Bureau

New Delhi | Updated: December 24, 2022 05:02 AM IST

2 min read

Minister of state for communications and IT Rajeev Chandrasekhar (FILE)

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Enforceability of Indian citizens’ right to privacy, law enforcement access to their data in certain situations, and “reciprocity” in digital trade — these factors will play a key role in deciding the geographies where the government will allow transfer of Indians’ data under the draft Digital Personal Data Protection Bill, 2022, Minister of State for Electronics and IT Rajeev Chandrasekhar said Friday. The Ministry of Home Affairs will be in charge of notifying such geographies.

“As far as cross-border data flows are concerned, the government will consider factors like enforceability of Indian citizens’ rights, reciprocity as we look to the future of digital trade and India builds corridors of trust with other like minded countries, and law enforcement agencies’ access to such data in emergency situations,” Chandrasekhar said during a public consultation on the draft Bill. More than 200 stakeholders including law firms, industry bodies, civil society organisations, and consumer rights advocacy groups attended the public consultation.

The Digital Personal Data Protection Bill, 2022, released in November, offers significant concessions on cross-border data flows, in a departure from its predecessor’s contentious requirement of local storage of data within India’s geography. According to the new draft, the Centre will notify regions to which data of Indians can be transferred.

Under the previous Bill, businesses were supposed to store a copy of “sensitive personal data” of citizens like health and financial data within India, and the export of undefined “critical” personal data from the country was prohibited. It was among the biggest issues flagged by technology companies, with firms like Meta having said that it could have an impact on its services in India.

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