Indian Data Protection Bill

Indian Personal Data Protection Bill 2018 is in transit and this will cause ruin in any industry who process individual or exceptional individual data of people. In fact talking all organizations procedure these data in a few or other manner yet a few ventures will take significant cost because of plentiful data they are keeping from ages.

This bill is relied upon to expand cost of creation by 5%(atleast) because of rigid standards on assortment , preparing and putting away of individual data. Information assurance or information security in India won’t be the equivalent and each division needs to rebuild how they gather , procedure and store data of people .

Pressure is on government to set up data protection agency of state of India who will ensure compliance of Indian GDPR. So what is expected by a business . This data protection bill will change :

Yours business development approachYours client support approachYours Vendor management approachHandling of personal information of individualsImposing data minimization on all business activitiesRights of data subjects and how to handle that from sales/support representative levelTime till you keep personal information of individualsHow to handle Employee/contractor information.

Unlike ISO or some other accreditation this is self consistence and one needs to guarantee consistence is set up constantly which can happen just if there is gigantic change in the manner we manage individual data . So gone are the days when singular data is left as visiting cards around your work area or in some exceed expectations sheets . This data turns out to be valuable presently so ought to be managed reality .

On 24th December 2018 front page news of Times of India clearly shows how serious government is . Though that news was explaining requirement of only one section (section 40) of India Personal Data protection Bill but one must understand there are total 112 sections in Indian Data protection bill and most important part is that offence under this bill is non bailable and can cause imprisonment upto 3 years .

“As per Article 95. Offences by companies.—

(1)Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the  offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.”

So it is high time to get started with compliance as this will not happen overnight and like demonetization and GST this will hit any day . Worse part of the Bill is penalty of 15 Crores or 4% of global turnover in case of non-compliance.

Do get in touch if you wish to ensure your company does not get caught off guard by authorities.

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