The JPC’s recommendations fundamentally change the structure of the personal data protection bill: IAMAI

The recommendations of the joint personal data protection committee fundamentally changed the structure of the personal data protection bill into a generic data protection bill, industry body IAMAI said on Thursday.

The Internet and Mobile Association of India (IAMAI) has said that the recent Joint Parliamentary Committee (JPC) report on the Personal Data Protection Bill, 2019 is out of sync with India taking the lead. leading position in the techade.

He said the JPC’s recommendations to treat intermediaries as publishers in certain circumstances could have drastic impacts on the use of social platforms, freedom of expression and creativity.

”Social media intermediaries continue to have safe harbor clauses and are not regulated as publishers, based on their ‘ability’ to control content, as that ability derives from a legal obligation.

“Such a provision can have drastic impacts on the use of social platforms, freedom of expression and creativity. It also poses a risk to the digital ecosystem, especially since it is not associated with data protection,” the industry body said.

The JPC report was tabled in Parliament on December 16, 2021.

The Association believes that the JPC’s recommendations are likely to negatively impact a cross section of technology industry segments such as large technology companies, technology service companies as well as digital start-ups. which form the backbone of India’s technology leadership aspirations.

According to IAMAI, whose members include Google, Facebook, and Paytm, among others, the JPC has recommended stringent data localization requirements, which will lead to compliance challenges and be detrimental to global and domestic businesses.

”Placing restrictions on cross-border flows can lead to higher business failure rates, create barriers to start-up growth, increase compliance costs for businesses and slow social benefits. -economic benefits from the digital economy.

“It will also inevitably have a drastic negative impact on the ability of Indian consumers to access a truly global internet,” the industry body said.

He added that the additional requirement, suggested by the CPM, for the Data Protection Authority (DPA) to consult the government on all cross-border transfers of sensitive personal data not only contradicts established global practices and undermines the role of the DPA, but also subjects data flows to a cumbersome and inefficient process.

Some opposition leaders have also raised similar concerns about the proposed data protection law.

IAMAI said the look-back clause to bring back data taken overseas poses significant operational and technical challenges, especially as affected companies would be subject to policies that were not in place at the time of collection. Datas.

IAMAI said the changes recommended by the CPM expand the scope of the bill to include non-personal data alongside personal data.

”However, the recommendation fails to take into account the different value propositions offered by the two. This recommendation is also premature because the report of the expert committee on non-personal data is not yet finalised,” he said.

The industry body urged the government to refrain from developing new standards as recommended by the JPC that the DPA should create a framework to monitor, test and certify hardware and software for computing devices, because there is a time-tested scheme, which devices sold in India are subject to. Moreover, such a requirement will hamper India’s ability to attract global business and investment.

IAMAI has also expressed concern over the proposed imposition of age restrictions of 18 on certain services. The industry body said the age bar will exclude a significant demographic from the digital ecosystem and contradict most data regimes.

The rigid approach of setting 18 as the general age of consent will run counter to the principle of the “best interests of the child” in a digital world, as it will create obstacles for a child to achieve fulfilment. educational and recreational available on the Internet. , it said.

”The association is of the view that, collectively, the CPM’s recommendations have fundamentally changed the structure of the bill, moving from a personal data protection bill to a generic data protection bill. data.

“That in itself calls for broader stakeholder consultations and impact assessment reports before these recommendations are enshrined in law,” IAMAI said.

(This story has not been edited by the Devdiscourse team and is auto-generated from a syndicated feed.)