The Path to Recognition of Data Protection in India: The Role of the GDPR and International Standards
Publikation: Bidrag til tidsskrift › Tidsskriftartikel › Forskning › fagfællebedømt
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The Path to Recognition of Data Protection in India: The Role of the GDPR and International Standards. / Kuner, Christopher Barth.
I: National Law School of India Review, Bind 33, Nr. 1, 2021, s. 69-91.Publikation: Bidrag til tidsskrift › Tidsskriftartikel › Forskning › fagfællebedømt
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TY - JOUR
T1 - The Path to Recognition of Data Protection in India: The Role of the GDPR and International Standards
AU - Kuner, Christopher Barth
PY - 2021
Y1 - 2021
N2 - By providing rules of the road for data process- ing, data protection legislation has become a key enabler of the information society. The European Union’s General Data Protection Regulation (GDPR) has been highly influential around the world, and the recent Schrems II judgment of the Court of Justice of the EU, which strengthened restrictions on international data transfers under EU law, has important implications for India as it prepares to adopt data protection legislation. While the Puttaswamy judgment that recognised privacy as a fundamental right represents a great stride for- ward for privacy protection in India, legislation is necessary to establish the right to data protection in the Indian legal system. The proposed Personal Data Protection Bill does not provide a sufficiently high standard of data protection, par- ticularly in light of surveillance initiatives and legal man- dates to collect data under Indian law. India should view the strengthening of its legal framework for data protection not just as a way to receive an EU adequacy decision, but also as having broad societal benefits. In adopting data protection legislation India should align itself both with the GDPR and also more broadly with data protection standards of important international bodies, such as those of the Council of Europe and the OECD.
AB - By providing rules of the road for data process- ing, data protection legislation has become a key enabler of the information society. The European Union’s General Data Protection Regulation (GDPR) has been highly influential around the world, and the recent Schrems II judgment of the Court of Justice of the EU, which strengthened restrictions on international data transfers under EU law, has important implications for India as it prepares to adopt data protection legislation. While the Puttaswamy judgment that recognised privacy as a fundamental right represents a great stride for- ward for privacy protection in India, legislation is necessary to establish the right to data protection in the Indian legal system. The proposed Personal Data Protection Bill does not provide a sufficiently high standard of data protection, par- ticularly in light of surveillance initiatives and legal man- dates to collect data under Indian law. India should view the strengthening of its legal framework for data protection not just as a way to receive an EU adequacy decision, but also as having broad societal benefits. In adopting data protection legislation India should align itself both with the GDPR and also more broadly with data protection standards of important international bodies, such as those of the Council of Europe and the OECD.
KW - Faculty of Law
KW - data protection
KW - GDPR
KW - India
KW - privacy
KW - EU law
M3 - Journal article
VL - 33
SP - 69
EP - 91
JO - National Law School of India Review
JF - National Law School of India Review
SN - 2350-1200
IS - 1
ER -
ID: 335282108