Regulatory approval for cross-border flow of digital personal data: In a globalized world, where data collection has become an inalienable part of daily transaction, there is a likelihood of cross-border flow of data outside India. The 2022 Bill is entirely silent on a comprehensive regulatory mechanism for the cross-border flow of digital personal data.
In the 2019 Bill, the Data Protection Authority was empowered to monitor the cross-border transfer of data [Personal Data Protection Bill, 2019, Section 49(2)(g)] and an obligation was also cast on the data fiduciary to disclose the same [Personal Data Protection Bill, 2019, Section 23(1)(g)]. However, the 2022 Bill does not provide for the same and also takes away the powers of Data Protection Board to issue directions for such compliance. In this case, in order to allow proper flow of data outside India, then the same may be regulated with proper guidelines in the Bill itself. Thereafter, if the Bill is passed with these changes, then India’s international obligations would also be fulfilled.
Source: Barandbench
