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National Consultation on Personal Data Protection Bill, 2019: Call for Recommendations

Discussion on the effects of this bill on common citizens digitized and the consequences of data processed is important. Personal Data Protection Bill, 2019 in detailed legislation should also be compared to the General Data Protection Regulation (GDPR) which is universally a parent law for better analysis.

The necessity of a fiduciary relationship between the 'data principal' and 'data processor' is in question after the bill discharges its obligations. There is also a fear that intermediaries could mandate data principal's preferences. Does this law minimize the information available with data fiduciary? The constitutional aspect of excessive regulation shall be tested by legal experts in this discussion. The rights of users and the effect of wide exemptions given to the government shall be looked into. The capability of this law to deal with consequences of breach of personal data has to be discussed as this the main area of concern raised by the Hon'ble Supreme Court

About the Organizers:
After the historic bill introduced by the Government of India and concerns raised by various experts, Indian National Association of Legal Professionals (INALP) with its Student's Division, associated experts and parliamentarians plans to constructively discuss and deliberate on the bill. INALP then will formulate a collective recommendation with various organizations, experts and other stake holders aiming at the best data protection bill being formulated by our government. Visit https://indianlegalassociation.org/introduction.html for details.

Call for Recommendations:
Law Students across the country are invited to send recommendations on Personal Data Protection Bill with direct references to sections & clauses. Students are requested to evolve or rediscover jurisprudence on privacy laws too. These recommendations will be collected via consultation events in major cities associating with various law schools & organizations. Final Deliberation Event with experts and students will be organized in Delhi preferably in the parliament where the recommendations will be discussed and then represented to the government.

Background of Bill:
The historic nine-judge bench delivered Judgement also called "Privacy Judgement" on 24th August 2017 which recognized 'Right to Privacy' a fundamental right. This judgment pressed on the needs of a law on privacy & data protection. After a draft circulated in 2018 the 'Personal Data Protection Bill, 2019' was introduced in Lok Sabha by the Minister of Electronics and Information Technology, Mr. Ravi Shankar Prasad, on December 11, 2019. The Bill seeks to provide for the protection of personal data of individuals and establishes a Data Protection Authority for the same which was drafted by Justice B.N.Srikrishna Committee. The Personal Data Protection Bill, 2018 was taken down last year after the concerns raised by stakeholders like Google, Facebook, CISCO, Master Card, Amazon, Twitter, etc.

Now on 23rd January, Gov. Of India has set up a Joint Parliamentary Committee (JPC) headed by Smt. Meenakshi Lekhi for the examination and report of the Bill. This JPC is taking suggestions and recommendations from the stakeholders. INALP will call for a final deliberation in Delhi and collate all recommendations to be sent.

Submission Guidelines:

  • Font size: 14 pt
  • Font type: Times New Roman
  • All recommendations should be with a Sub-Title/Header so that the sampler should be able to identify the subject matter of your recommendation.
  • Submitted recommendation should not be more than 800 words that too with direct references to section & clause of the bill. Footnotes should be acknowledged with 'List of Sources' as well.

Incentives:

  • All accepted recommendations will receive a 'Letter of Appreciation' by a parliamentarian or Senior Advocate.
  • The best 8 recommendations will be recognized and called to speak with subject-matter experts during the final deliberation event in Delhi.

Registration:
https://forms.gle/3sNWdg7SRAUdAL9Y9

Important Dates:

Last day for submission: 10th February, 2020
Announcement of Best 8 Recommendations: 2nd Week of February, 2020 in the final deliberation
Delhi Event: 2nd Week of February, 2020

Contact:
Ms. Shruti Gupta
Phone: +91-8360870921
Email: sg000032@gmail.com

Mr. Abhay Pachauri
Phone: +91-8477063363
Email: abhaypachaury@gmail.com

Indian National Association of Legal Professionals (INALP)
E-187, 3rd Street, West Vinod Nagar,
Delhi - 110092
Phone: +91-9115557474
Email: office@indianlegalassociation.org
Website: www.indianlegalassociation.org

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