"Data Protection in Practice: Compliance & Penalties" by Nehaa Chaudhari
Channel: Ikigai Law
Date: 2020-06-01

The video was first published here - https://www.youtube.com/watch?v=0I4iciKg9bo as a part of 'The Data week' organized by Daksha Fellowship. 

Day 5 of The Data week had Nehaa Chaudhari, Director (Public Policy) at Ikigai Law in conversation with Dr. Ananth Padmanabhan, Dean of Daksha Fellowship.

"Data Protection in Practice: Compliance and Penalties"

When the proposed Personal Data Protection Bill (or a version thereof) comes into effect, organizations that handle the personal data of Indian citizens will have to make various operational changes to comply with its provisions. There are also new regulatory mechanisms that have been envisaged to protect consumers against harms caused by the misuse of personal data.

Nehaa Chaudhari explains why an understanding of these aspects of the bill is necessary to compare India’s data protection framework with global standards and practices, and to identify key regulatory and compliance challenges for organizations and consumers. 

Nehaa heads the public policy practice at Ikigai Law. She helps some of the world's largest tech companies, industry associations and leading Indian startups understand and navigate India's tech regulatory and policy ecosystem.  She has worked with the Centre for Internet and Society, India and the Berkman Klein Center for Internet and Society at Harvard University. She is a visiting faculty member at leading Indian universities and has written extensively for academic and news publications.

Key points covered: 

4:55 - Introduction to the regulatory structure of the PDP Bill, 2019

6:20 -  Key players involved in the enforcement of the provisions of the bill and the role played by such players (Key players are: Data Protection Authority, Central Government, the Appellate Tribunal, others such as data auditors, adjudicating officers, and data protection officers)

12:00 - Day to day functioning of the key players

13:50 - Rule and decision making power of the key players

16:55 - Checks and balances on the key players

21:17 - Questions on the discussion

29:20 - Compliance obligations of data fiduciaries and data processors under the PDP Bill, 2019

31:00 - Obligations of data fiduciaries 

34:51 - Additional obligations of significant data fiduciaries

37:07 -  Obligations of data processors 

38:08 - Data localisation requirements

38:48 - Three categories of data

41:40 - Debate on data localisation

41: 49 - Arguments made in favour of data localisation

43:51 - Arguments against data localisation 

47:50 - Compliance in practice

53:00 - Enforcement of PDP Bill, 2019

55:20 - Questions

Video courtesy: Daksha Fellowship