IAMAI backs personal data protection bill, calls it industry-friendly

Business group seeks 'flexible approach' in getting parental consent for accessing personal data of children

India’s proposed data protection bill is industry-friendly but must clear ambiguity about obtaining verifiable parental consent to process the personal data of children, said a group representing technology and telecom giants.

A statement by the Internet and Mobile Association of India (IAMAI) asked the government to "consider a flexible approach to obtaining parental consent, as prescriptive mandates may have an adverse cascading impact on sectors that provide services to younger individuals.”

“As the inclusion of specific timelines will provide a roadmap for the industry to better comply with the Bill, IAMAI has requested the government to clearly indicate reasonable timelines by which the various provisions of the DPDP will be implemented and to adopt a graded approach to prescribing such timelines,” it said about the Digital Personal Data Protection Bill (DPDP).

January 2 is the last day for public consultations on the renewed draft of the Bill, which was first published on November 18.  

IAMAI said the Bill strikes the right balance between protecting the interests of data principals while leaving enough room for tech start-ups to innovate and grow.

“By following a deep and wide process of consultation including that of a joint parliamentary committee, excluding non-essential provisions, by making a clear commitment that no Rules exceeding the provisions of the Act would be made, and yet protecting the interests of the state, citizens and the digital economy, this Bill has possibly set up new standards of law-making,” said Subho Ray, president of IAMAI.

IAMAI said most of its members wanted changes in the data protection framework of the Bill to balance innovation and economic growth with the interests of users, saying reconceptualization will assuage the concerns of digital businesses and help make India a trillion-dollar digital economy by 2025.

The group said it appreciated the more liberalized framework for cross-border data flows and the exclusion of non-personal data from the Bill’s ambit. It supported the Bill for imposing financial penalties for non-compliance and not criminal.