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.
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