Major relief for Facebook, Google & others: Data storage norms for big tech firms may be eased

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Such a clause would travel successful useful successful investigating allegations of anti-national activities oregon activities which endanger instrumentality and bid situation, authoritative sources said.

The authorities is apt to bring changes successful the Data Protection Bill, successful a mode that lone companies based successful countries sharing onshore borderline with India, request to store user information wrong the country.

Such a determination would beryllium a large alleviation for US-based large tech firms similar Facebook, Google, etc, who person been opposed to stringent home information retention norms projected successful the Bill successful its existent form.

The different apt modification successful the Bill could beryllium that firms with root successful countries sharing onshore borderline with India, would person to compulsorily store each information for astir 3 months.

This proviso presently applies to licensed telecom operators but not to immoderate over-the-top (OTT) players.

Such a clause would travel successful useful successful investigating allegations of anti-national activities oregon activities which endanger instrumentality and bid situation, authoritative sources said.

Sources said that erstwhile these changes are incorporated successful the Data Protection Bill, astir of the issues flagged by the large tech firms would beryllium taken attraction of. For instance, regularisation of hardware and devices, localisation of information with retrospective effect and the request of regulatory motion each clip cross-border travel of information takes place, were the 3 large clauses which were flagged by these firms arsenic areas of interest and the authorities was looking into them to facilitate easiness of doing concern and regulatory simplicity.

On the localisation of data, the Bill, successful its existent form, mandates retention of delicate idiosyncratic information (SPD) and processing of captious idiosyncratic information (CPD) lone successful India. The occupation area, isolated from the explanation of specified data, arsenic pointed retired by large planetary firms, is besides the clause, which states that reflector copies of SPD and CPD already successful the possession of overseas entities, request to beryllium mandatorily brought backmost to India, with retrospective application.

Legal and manufacture experts person pointed retired that segregating SPD and CPD connected a retrospective ground would beryllium a tedious workout and whitethorn besides pb to cyber information risks.

Another clause which was flagged by the planetary firms was that explicit consent needs to beryllium taken for transportation of SPD, from the Data Protection Authority, which successful crook needs to consult the government. This means transportation of specified information would not stay escaped from enforcement oregon governmental interference, which whitethorn enactment arsenic barriers for start-ups.

Official sources said that specified concerns would beryllium taken attraction of with the projected changes successful the Bill by segregating firms connected the ground of state of origin.

As is known, the Data Protection Bill was primitively introduced successful Lok Sabha successful December 2019, aft which it was referred to the associated committee of Parliament (JCP), chaired by BJP MP, PP Chaudhary. The draught Bill was prepared connected the recommendations of Justice BN Srikrishna-led committee successful 2018.

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