Legal Capsule: Data Privacy & Protection: Analysing Srikrishna Committee Report against India’s WTO Obligations by Economic Laws Practice
Coinciding with the widespread global debate on data protection laws and citizens' privacy rights, a report titled " A Free and Fair Digital Economy: Protecting Privacy, Empowering Indians " (" Report ") authored by a Committee of Experts under the chairmanship of Justice B.N. Srikrishna, and the Personal Data Protection Bill of 2018 (" Draft Bill ") were submitted to the Government of India (" GOI ") on 27 July 2018. The Draft Bill is quite comprehensive in its scope and places stringent obligations on businesses. In particular, it provides for measures relating to protecting the personal information of Indian citizens, the role and duties of data fiduciaries and data processors, rights of individuals, and penalties for violation of these data protection measures. This note does not touch upon the general impact of the data protection under the Draft Bill on cross-border data flow and thereby impact on international trade and e-c...