India is considered a country which “can arguably be projected as being one of the top consumer markets, and by extension data markets in the world”. The Personal Data Protection Bill (PDP) is based on the recommendations of the committee and it seeks to revamp the current data protection scheme of India.
The Objectives Behind Regulating the NPD
There are certain objectives behind regulating non-personal data (NPD). The first objective is to tap into data as an economic asset. The second is to use the data for the economic benefits of citizens by protecting collective community interests over such data as opposed to the personal data protection regime. The third objective is to incentivize the start-ups by correcting the imbalance established by a few dominant players.
Does it Make Any Sense to Harmonize Both The Regimes?
A common regime will lead to ease of compliance and reduction of regulatory costs which in turn will provide an impetus to businesses and economic growth. Till now, there is no compelling reason as to why the DPA cannot be empowered to regulate the NPD since section 91 of the PDP bill has already regulated the NPD for improving governance and growth. So, extending the bill to the regulation of NPD only seems like a natural course of action.
TPT Policy Advocacy & Recommendations
- The global nature of the Internet should be embraced by India and the country must also seek adequacy arrangements with the jurisdictions with a similar approach to the data.
- The Data Protection Authority must always be ‘independent’ and ’empowered’. They must work with the domain experts who may advise them on matters of data protection, technology, and other aspects.