Spice Route Legal, a law firm with offices in Mumbai, Bangalore and Delhi and extensive affiliations across South East Asia, China, Japan, Europe and the Americas, is built on the idea that modern commerce respect neither jurisdictional boundaries nor traditional notions of compartmentalized competence.
DataGuidance, together with Spice Route Legal, will be hosting a complimentary webinar on 28 November, “The Landmark Supreme Court Judgment in Puttaswamy: Current framework, implications and the path ahead”.
This webinar will provide you with a clear idea of what changed when Indian privacy and data protection law received a judicial overhaul on 24 August 2017, when a bench comprising of 9 judges of the Supreme Court ruled that the Constitution of India implicitly recognised a fundamental right to privacy.
The decision settled a long-running debate amongst Indian lawyers on how to interpret the Indian data protection framework and put to rest the view that India’s data protection rules were not mandatory.
While the judgment was precipitated by governmental and regulatory apathy towards the protection and collection of data, it opens a plethora of complicated questions for multi-national corporations that collect, transfer or process data in India, including:
- What is the status of India’s data protection rules?
- Are they a comprehensive guide to data protection in India?
- Do I need informed consent before I collect data in India? Does this extend to all kinds of data or just those defined as ‘sensitive personal data or information’?
- Can I transfer data collected in India to locations outside of India? What kind of consent do I need for cross-border transfers?
- Are there any model guidelines for data collection and transfer in India? What next?
This post was first published on: November 19, 2017