The Committee’s report proposes significant changes to the PDP Bill and adds clarity in the interpretation of several provisions. At the same time, various concerns have been left unaddressed or have been subjected to subordinate legislation, namely, a high degree of leeway to government authorities on the use of personal data, retrospective applicability, lack of a concrete definition of sensitive personal data, and rights of data principles.
Given the extent of the recommendations, it is likely that the Committee’s report will be analyzed in detail by both Houses of Parliament, and any amendments will only be made after considering their implications on industry players. Therefore, it is likely that the PDP Bill may not be enacted in the immediate future. Nevertheless, global entities, social media companies, and other entities specifically collecting sensitive personal data in India, should be ready to put in place robust infrastructure to comply with the PDP Bill when it becomes the law.