Need for Indian specificities in data protection framework

The data protection framework for the country must be based on its specificities and nota replica of a developed international template, advisor of Competition Commission of India (CCI) Payal Malik said today said.

Malik said this at an event organised here by Assocham on 'Data Protection, Privacy and Security.

She said the Justice B N Srikrishna Committee, which was designing the data protection framework, must ensure that Indian specificities were taken into account and not a copy-paste version of a developed international template.

A firm, legal framework for data protection ensuring compatibility between data-driven innovation and consumer dataprivacy must be put in place so that companies comply with the laws of the country while transferring dataoverseas, she said.

She cited reports that the Srikrishna panel was expected to submit its report to the government by the first week of August, and could prompt amendments to the existing legislation like aadhaar and RTI.

Malik said the dataprotection law was essential for the country, but it has to beflexible enough to be consistent with the economicinterests.

"The law must not place undue restrictions on freedomof data movement which is, at present, crucial for industries to grow by innovating and competing," shesaid.

Conceding that regulators were still grappling over what has to be done to make human-centric anti-trust laws apply effectively toBOT-intermediated transactions, Malik said the dataprotection law must take all these aspects into consideration.

"The approach should be protective and not restrictive in nature, and a cost-benefit analysis is required to correctly reap in the benefits of data," she said.

Smart and not heavy-handedregulation should be brought in place while keeping privacyprotection in focus and addressing issues related to consumer protection and competition, she added.