New Delhi – December 16, 2021 – BSA | The Software Alliance commends the Joint Parliamentary Committee (Committee) for its consultative review of the Personal Data Protection Bill 2019. The Bill addresses the need for effective and comprehensive privacy legislation. Considering the increased use of technology accelerated by the Covid-19 pandemic, this is more important than ever.

We welcome the report’s acceptance of our recommendation to allow companies 24 months to effectively comply with the law. However, several of the report’s recommendations remain concerning. We are particularly concerned by the recommendation to expand the Bill to regulate non-personal data (NPD). The goal of a personal data protection bill, protecting individuals’ privacy, is often at odds with the objective of the proposed NPD Governance Framework, which is to generate more value from data. Keeping these two efforts separate, establishing clear and distinct rules for personal data protection and non-personal data, is the best way to ensure neither objective is diluted. We are also concerned by the mandatory data localization requirements and undue restrictions on cross-border data transfers, which are rigid obligations that will not only weaken privacy protections but also impede interoperability with emerging international norms and practices impacting India’s economic opportunities.

“Removing provisions on non-personal data (NPD), avoiding mandatory data localization, and promoting cross-border data transfers in the final Bill will support the Bill’s objectives which is to safeguard personal data and enhance privacy protections. Conversely, failing to do so will be detrimental to India’s digital revolution which needs to be built on strong privacy foundations.” said Venkatesh Krishnamoorthy, Country Manager — India, BSA | The Software Alliance. "BSA urges the Government of India to address these concerns to better protect the privacy of its citizens, increase economic opportunities and jobs across sectors, and accelerate the development of India as an innovation hub for emerging technologies.”

BSA looks forward to working with the Government of India in creating a policy ecosystem that helps achieve Prime Minister Modi's vision of a USD 1 trillion digital economy by 2025, while protecting the privacy and security of individuals.