Data Protection Bill: EU cautions India against stressing on mandatory local storage

The Indian Express
Nov. 22, 2018


The European Union has suggested that the Indian government, which is in the process of making a data protection law, should not stress on data localisation as apart from being unnecessary and potentially harmful to the cause of data protection, any such measure would create unnecessary costs, difficulties and uncertainties that could hamper business and investments.

The caution with regard to data localisation being part of a proposed data protection law is part of EU’s responses to the draft Data Protection Bill drafted by Justice Srikrishna committee which is being processed by the Ministry of Electronics and Information Technology.

As is known, most global companies present in India who deal with data have been opposing data localisation, which basically means that whatever data is generated in the country should either be stored within the country or at least a mirror copy of it should be stored in the country.

“As a matter of economic policy, such an approach (data localisation) will create significant costs for companies — in particular, foreign ones — linked to setting up additional processing/storage facilities, duplicating such infrastructure etc and is thus likely to have negative effects on trade and investment. If implemented, this kind of provision would also likely hinder data transfers and complicate the facilitation of commercial exchanges, including in the context of EU-India bilateral negotiations on a possible free trade agreement,” EU has said.

The Srikrishna committee while not recommending a blanket local data storage clause has identified circumstances under which data has to be mandatorily stored in the country and cases where it can be stored with mirroring provisions. It has, however, said that critical data has to be stored only in the country.
It has said that personal data determined to be critical will be required to be stored only in India and there will no cross-border transfer of such data. Meanwhile, from October 15, the Reserve Bank of India has made it mandatory for all payments data to be stored in the country.


Comments

Popular posts from this blog

India Joins Russia in Voting Against West-Backed Move to Expand Powers of OPCW

As financial insecurity rises in urban India, so does investment in insurance

ED tracks Swiss Bank A/Cs of Agusta scamster