Friday, April 28, 2017
Indian DP Law Anticipated Once Again
Pressure for, and the likelihood of, a new data protection law in India has been waxing and waning for many years. Although there were reports in May 2016 that the government was drafting new legislation, by the end of the year, with a ruling still pending in Justice K.S. Puttaswamy (Retd.) & Another v. Union of India & Others on whether a right to privacy exists under the Indian constitution, the prospects for a new law appeared to be minimal. However, on April 19 came news that the Modi government had decided to enact a new law to protect digital privacy before the end of October. The law was described by the Indian Attorney General as “a data protection framework…in line with US law on this subject.” Prior to Modi, the new law under consideration was said to be modeled upon European precedents. Government interest in a more comprehensive privacy law was also cited in a report on the country’s Guidelines for Government Departments on Contractual Terms Related to Cloud Services, released the following day.