India’s data protection bill achieves a unique balance

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digital economy, as well as one that takes cognizance of the need to safeguard such personal data from misuse. The Bill breaks new ground in its legislative drafting.

It is written in a concise, straightforward and uncomplicated manner, with minimal use of carve-outs, cross-references and legal jargon that tend to impact readability, and makes liberal use of illustrations. These have the effect of making the Bill more understandable and thereby more accessible to the general public—an important factor to consider for a law that concerns almost 700 million Indians who are digitally connected today.

The Bill has also opted for a principles-based approach that focuses on dos and don’ts, with questions of form and manner left largely to the rule-making powers of the Central government—or for digital businesses themselves to determine. Given the pace of innovation and disruption in the tech sector, it is understandable why the Bill is centred around principles and outcomes rather than modes or processes.

Not only will this approach enhance the longevity of the law, it would also provide businesses with a fair degree of flexibility in achieving compliance, without such flexibility necessarily entailing a compromise on the objectives of the law. In terms of substance, it is evident that the present Bill has settled for a unique Indian balance between protecting the rights of individuals and recognizing the needs and interests of private industry and innovation on the other, while reserving enough space for the government to continue delivering services with minimal disruption.