Building Harmony in Privacy Space
Racing against time with the implementation of GDPR, UK authorities have completed the formalities in introducing the new version of Data Protection legislation effective from 25th May 2018 co-terminus with the applicability of EU GDPR. This will continue even after BREXIT. UK-DPA 2018 should be considered as an extension of GDPR and entities to whom …
Read More UK DPA 2018 becomes effective from 25th May 2018GDPR which is coming into full force on 25th May 2018 is aimed at protecting the Privacy interests of EU citizens under the EU constitution. However, the EU Commission believes that it has a role in protecting the privacy of the global community and uses its commercial clout as a collective economic entity to project …
Read More The Role of DPOs under GDPR and the need for Indian Association of Data Protection ProfessionalsThe earlier article on GDPR entry into India being like a Vasco Da Gama discovery of India, has attracted some interesting reactions from some industry professionals. While we may accept that the intention of GDPR is to protect the Privacy of natural persons and therefore there are “Data Subject’s Rights” including “Right to Erasure”, “Right …
Read More Data Processing Association of India is required in India to defend against GDPRWe have many times through these columns urged the Justice Srikrishna Committee which is drafting the new Data Protection law for India to ensure that an “Umbrella Protection” is provided to Indian Companies from being unfairly targeted under EU GDPR by EU Companies and EU data protection regime. As we approach the D-Day, 25th May …
Read More Is GDPR the Vasco Da Gama moment for India?The European Union data protection regulation namely the EU GDPR which has attracted global attention due to the twin provisions of “Applicable to a controller or processor not established in the union” (ed: in some circumstances) and the obnoxiously huge administrative fine set at 4% of global turnover of an undertaking, has naturally caused a stir …
Read More The GDPR Dilemma… who is a Data Controller?One of the questions that is bugging Companies engaged in some kind of marketing to corporate executives is whether a “Work E-Mail”or “Work Phone number” , which is the “Business Contact Information” (BCI) qualifies itself as “Personal Information” (PI) under GDPR. If BCI is PI then companies need to scrap any such information they might …
Read More Is Business Contact Data considered as Personal Data under GDPR?Data Portability is one of the contentious issues of the GDPR from the compliance angle. We had discussed the “Theory of Dynamic Personal Data” in one of our previous articles. That concept would be relevant to address the issue of Data Portability as envisaged in GDPR. Article 20 of GDPR states as follows: Article 20: …
Read More Data Porting under GDPR is good in theory but challenging in practiceGDPR is liked by some as a good law to protect privacy of individuals and is often looked upon as an “Emerging Standard”. Many companies are working towards calling themselves “GDPR Compliant” since it makes a good marketing sense though GDPR does not apply to them. Even the Whitepaper on Data Protection Law which the …
Read More Definition of “Undertaking” under GDPR needs to be Debated“Personal Data” is the object of data protection regulations such as the upcoming Data Protection Act of India, the DISHA 2018, as well as other laws such as GDPR and ITA 2008. “Protecting Personal Data” is considered “Information Privacy” by the Indian judiciary which declared “Privacy as a fundamental Right”. In all the data protection regulations, …
Read More Theory of Dynamic Personal informationWhen ITA 2000 was drafted, the concept of “Smart Cities”, “Driver less cars” or “Artificial intelligence” or Humanoid Robots were not very much in the realm of the vision of the law makers. The main objective was to provide facilitation of E Commerce. In 2008 this was extended to provide some additional security against Cyber …
Read More Cyber Law issues in Smart cities