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Data Privacy and Internet Governance News

Our analytical news bites will keep you updated on the emerging Data privacy and Internet Governance issues across the ever-evolving digital space. These legal and policy trends can also be found in our monthly newsletter, DIG News!

Indian Data Protection Bill Withdrawn. August 2022
Indian Data Protection Bill withdrawn.
Trade & Regulatory Compliance Practice

As per the Supplementary List of Business published on the Lok Sabha website, on 3rd August 2022, Mr. Ashwini Vaishnaw, the Minister of Railways, Communications, and Electronics & Information Technology moved to withdraw the Personal Data Protection Bill, 2019 (“the PDP Bill, 2019”) from the Parliament. The PDP Bill, 2019 was introduced in the Lok Sabha on 11th December 2019, and was later referred for examination to the Joint Parliamentary Committee (“JPC”), which recommended several amendments. Read More

The Supreme Court of India recognizes the Right to be Forgotten. July 2022
The Supreme Court of India recognizes the Right to be Forgotten
Trade & Regulatory Compliance Practice

The Supreme Court of India, in XXXX v Kancherla Durga Prasad & Ors., directed the Registry of the Supreme Court to remove the name, addresses, and other details the of petitioners and respondents so that it does not appear on any search engine, in pursuance of the petitioner’s right to be forgotten. Read More

RBI imposes monetary penalty on Ola Financial Services Private Limited. July 2022
RBI imposes monetary penalty on Ola Financial Services Private Limited
Trade & Regulatory Compliance Practice

The Reserve Bank of India (“RBI”) imposed a monetary penalty of INR 1,67,80,000 on Ola Financial Services Private Limited (“Ola”) for not complying with Know-Your-Customer (“KYC”) norms prescribed under the Master Direction – Know Your Customer (KYC) Direction, 2016. Read More

Government Warns Ed-Tech Companies Against Unfair Trade Practices. July 2022
Government Warns Ed-Tech Companies Against Unfair Trade Practices
Trade & Regulatory Compliance Practice

Recently, the Department of Consumer Affairs (“the DCA”) and education technology (“Ed-tech”) companies met to discuss the issues of misleading advertisements and unfair trade practices that plague the sector. The meeting was also attended by the India Edtech Consortium (“IEC”), a self-regulatory body functioning under the aegis of the Internet and Mobile Association of India (“IAMAI”). Read More

Twitter Moves Against the Takedown Orders Issued by the Central Government under Section 69A of the IT Act. July 2022
Twitter Moves Against the Takedown Orders Issued by the Central Government under Section 69A of the IT Act
Trade & Regulatory Compliance Practice

News outlets have reported that the microblogging platform, Twitter moved the Karnataka High Court to challenge several takedown orders (“impugned order”) issued under Section 69A of the Information Technology Act (“IT Act”) by the Central Government which directed the platform to remove certain contents as well as user accounts. Read More

The New IT Act to Include ‘Deliberate Misinformation’ as an Offence. July 2022
The New IT Act to Include ‘Deliberate Misinformation’ as an Offence
Trade & Regulatory Compliance Practice

News outlets have reported that the Ministry of Electronics and Information Technology (“MeitY”) is contemplating including “deliberate misinformation” and doxxing as offences under a new legislation that is expected to replace the Information Technology Act, 2000 (“IT Act”). Read More

Online Gaming Policy to Catalyze Innovation and Protection of Gamers’ Rights. July 2022
Online Gaming Policy to Catalyze Innovation and Protection of Gamers’ Rights
Trade & Regulatory Compliance Practice

As per news reports, the Ministry of Electronics and Information Technology (“MeitY”) organized a meeting with online gamers on (insert date). During the meeting, the State Minister of MeitY, Mr. Rajeev Chandrasekhar, recognized online gamers as important stakeholders in the online gaming ecosystem. Mr. Chandrasekhar stated that the yet-to-be-proposed online gaming framework will entail provisions to protect the rights of online gamers. Read More

Government May Introduce Regulations for Technology Companies to Pay Digital News Publishers for their Content. July 2022
Government May Introduce Regulations for Technology Companies to Pay Digital News Publishers for their Content
Trade & Regulatory Compliance Practice

According to news reports, the Minister of State of the Ministry of Electronics and Information Technology (“MeitY”), Mr. Rajeev Chandrasekhar stated that the government is planning to introduce regulations to make big tech companies pay for using original content produced by Indian digital media houses as well as newspapers. Read More

The National Health Authority Releases the Draft Data Sharing Guidelines. July 2022
The National Health Authority Releases the Draft Data Sharing Guidelines
Trade & Regulatory Compliance Practice

The National Health Authority of India (“NHA”) released the Draft Data Sharing Guidelines (“Draft Guidelines”) in pursuance of the Pradhan Mantri Jan Arogya Yojana (“PM-JAY”) scheme. The Draft Guidelines were released on 15th July 2022 for public consultation. Call for written comments and feedback closed on 25th July 2022. The Draft Guidelines outline the minimum standards to be followed by the NHA and its ecosystem partners while collecting, processing, and using the personal data of beneficiaries for the purposes of implementing PM-JAY schemes. Read More

NPCI Releases Guidelines on Capturing Customer Location on UPI Apps. July 2022
NPCI Releases Guidelines on Capturing Customer Location on UPI Apps
Trade & Regulatory Compliance Practice

On 5th July 2022, the National Payments Corporation of India (“NPCI”) released Guidelines on Capturing Customer Location on UPI Apps (“the Guidelines”) that require United Payments Interface (“UPI”) applications to obtain the consent of the customer/individual before capturing their geographical details or location. The Guidelines state UPI apps cannot mandate the collection of geographical data of customers. Read More

Ministry of Health & Family Welfare Releases Draft Drugs, Medical Devices, and Cosmetics Bill, 2022. July 2022
Ministry of Health & Family Welfare Releases Draft Drugs, Medical Devices, and Cosmetics Bill, 2022
Trade & Regulatory Compliance Practice

On 8th July 2022, the Ministry of Health & Family Welfare (“MoHFW”) released a draft Drugs, Medical Devices, and Cosmetics Bill, 2022 (“the Draft Bill”). The Draft Bill seeks to consolidate and update laws relating to importing, manufacturing and distributing drugs, medical devices, and cosmetics. The MoHFW has released the Draft Bill to repeal obsolete laws and introduce provisions to accommodate modern technologies that have fundamentally changed the landscape of this sector. Read More

The Press and Registration of Periodicals Bill to be Placed Before the Lok Sabha. July 2022
The Press and Registration of Periodicals Bill to be Placed Before the Lok Sabha
Trade & Regulatory Compliance Practice

The Ministry of Information & Broadcasting (“I&B Ministry”) will be introducing the Press and Registration of Periodicals Bill, 2022 (“the Bill”) before the Lok Sabha during this Monsoon session, to be held from 18th July 2022 to 12th August 2022. Read More

MeitY Releases Proposed Amendments to the Intermediary Rules, 2021. June 2022
MeitY Releases Proposed Amendments to the Intermediary Rules, 2021
Trade & Regulatory Compliance Practice

The Ministry of Electronics and Information Technology (“MeitY”) released a Press Note introducing the Proposed Amendments (“PAs”) to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“the Rules”). According to the PAs, intermediaries will be required to actively filter content published.. Read More

Parliamentary Standing Committee Report on Promotion and Regulation of E-Commerce Presented before the Rajya Sabha. June 2022
Parliamentary Standing Committee Report on Promotion and Regulation of E-Commerce Presented before the Rajya Sabha
Trade & Regulatory Compliance Practice

The Parliamentary Standing Committee chaired by Mr. V.V. Reddy (“the Committee”) presented the 172nd Report of the Committee on Promotion and Regulation of E-Commerce in India (“the Report”). The Report analyzes various issues affecting the e-commerce sector and further suggests certain amendments to the same. These issues include challenges relating to the digital exclusion of MSMEs, competition issues, and gaps in the current regulatory and enforcement mechanisms amongst others. Read More

Delhi HC Upholds Interception Order Passed Under Section 5(2) of the Indian Telegraph Act, 1885 on the grounds of public interest. June 2022
Delhi HC Upholds Interception Order Passed Under Section 5(2) of the Indian Telegraph Act, 1885 on the grounds of public interest.
Trade & Regulatory Compliance Practice

In Santosh Kumar v Union of India, the Delhi High Court held that interception orders passed under Section 5(2) of the Indian Telegraph Act, 1885 (“the Act”) read with Rule 419-A of the Indian Telegraph Rules, 2007 (“the Rules”) are not required to disclosure elaborate reasons for their issuance. Since the Impugned Order stated the relevant authority’s satisfaction that the grounds required under Section 5(2) of the Act were met... Read More

MeitY releases the National Data Governance Framework Policy. June 2022
MeitY releases the National Data Governance Framework Policy.
Trade & Regulatory Compliance Practice

The Ministry of Electronics and Information Technology (“MeitY”) released the Draft National Data Governance Framework Policy (“Draft Policy”). The Policy seeks to maximize data-led governance and catalyze research and innovation in the research and innovation ecosystem. The draft Policy closed for public consultation on 18th June 2022. Read More

RBI Lifts Business Restriction on Mastercard Post Compliance with the Data Localization Norms. June 2022
RBI Lifts Business Restriction on Mastercard Post Compliance with the Data Localization Norms.
Trade & Regulatory Compliance Practice

The Reserve Bank of India (“RBI”) has lifted the existing business restriction on Mastercard that prevented it from onboarding new customers after Mastercard demonstrated satisfactory compliance to the data localization norms. Read More

MeitY and Online Gaming Companies Meet to Discuss the Regulation of the Online Gaming Sector. June 2022
MeitY and Online Gaming Companies Meet to Discuss the Regulation of the Online Gaming Sector.
Trade & Regulatory Compliance Practice

News sources have reported that a meeting was organized by the Ministry of Electronics and Information Technology (“MeitY”) which was attended by more than forty online gaming companies. The meeting was led by Minister of State, Mr. Rajeev Chandrasekhar. During the meeting, the industry urged a stable and predictable regulatory framework to avoid any sudden shocks to the industry. Read More

I&B Ministry Issues Advisory on Advertising of Online Gambling Platforms. June 2022
I&B Ministry Issues Advisory on Advertising of Online Gambling Platforms
Trade & Regulatory Compliance Practice

The Ministry of Information and Broadcasting (“I&B Ministry”) issued an advisory to print media, electronic media, social media, online advertisement intermediaries, and publishers to refrain from publishing advertisements relating to online betting platforms. Read More

RBI releases the Draft Master Direction on Outsourcing of IT Services. June 2022
RBI releases the Draft Master Direction on Outsourcing of IT Services
Trade & Regulatory Compliance Practice

The Reserve Bank of India (“RBI”) released the Draft Master Direction of IT Services (“the Directions”) on 23rd June 2022. The Directions seek to ensure that Regulated Entities (“REs”) continue to fulfill their obligations effectively without diminishing their ability to provide services to their customers. The Directions cover provisions relating to the role of senior management, the usage of cloud computing services and the risk management framework for outsourcing IT services. Read More

RBI Bans Non-banks from loading PPIs with Credit Lines. June 2022
RBI Bans Non-banks from loading PPIs with Credit Lines
Trade & Regulatory Compliance Practice

News sources have reported that the Reserve Bank of India (“RBI”) issued a notification to certain non-bank fintech companies stating that pre-paid instruments cannot be loaded by credit lines. If such a company continues to load PPIs with credit lines, it would be penalized under the Payment and Settlements Act (“PSSA”). Read More

Bird’s Eye View - On Emerging Issues

This column features notes on issues of contemporary relevance in the Data Privacy and Internet Governance space. These short articles can also be found in our monthly newsletter, DIG News!

Development of the Data Localization Debate in India. July 2022
Development of the Data Localization Debate in India
Trade & Regulatory Compliance Practice

Data localization refers to a policy requirement to store data within a certain territorial jurisdiction. Such a policy may – (a) impose a blanket restriction on the transfer of certain types of data outside the jurisdiction, (b) oblige entities collecting or processing data to store mirror copies of certain types of data before transferring it to a different country, and/or (c) permit the transfer of data only under specific circumstances as mandated by law. Read More

Impact of Interception Orders on India’s Status as a Data Importer. July 2022
Impact of Interception Orders on India’s Status as a Data Importer
Trade & Regulatory Compliance Practice

Cross-border data transfer is seminal to the digital economy. In Schrems II, the Court of Justice of the European Union (CJEU) invalidated the U.S. Privacy Shield, as it violated Articles 7, 8, and 52 of the Charter of Fundamental Rights of European Union (the Charter) because it failed to sufficiently limit the surveillance measures and did not provide for effective mechanisms to enforce the citizen’s right to privacy. Read More

Judicial Review of Takedown Orders. July 2022
Judicial Review of Takedown Orders
Trade & Regulatory Compliance Practice

On 5th July 2022, it was reported that Twitter has moved the Karnataka High Court to challenge several takedown orders (“impugned orders”) issued by the Central Government which had directed it to remove certain posts and user accounts from its platform. While the petition filed by Twitter is not available in the public domain, several news publications have reported that the grounds taken by Twitter include the following Read More

Data Subject Rights over Personal Data. June 2022
Data Subject Rights over Personal Data
Trade & Regulatory Compliance Practice

The Supreme Court of India, in K.S Puttaswamy (Retd.), and Anr. v Union of India and Ors. (2017) observed that data protection norms focus on protecting the ‘informational privacy’ of a person, where informational privacy refers to the protection of their identity, protection of their autonomy, and protection of their ability to control how their personal data is used and shared. Read More

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