ACC recently submitted comments to the Government of India on the Whitepaper of the Committee of Experts on Data Protection Framework for India.
WASHINGTON (February 7, 2018) — The Association of Corporate Counsel (ACC), a global legal association representing more than 43,000 in-house counsel in 85 countries, recently submitted comments to the Government of India on the Whitepaper of the Committee of Experts on Data Protection Framework for India, encouraging the government to develop clear standards to regulate cross-border transfers of data and avoid policies that could disincentivize corporate compliance with new privacy requirements.
The Supreme Court of India decided last year that the right to privacy is an intrinsic part of the fundamental right to life and personal liberty under the Constitution of India. Resulting from the court's decision, the government formed a committee of experts to analyze various data protection issues in the country and make suggestions on principles underlying a data protection bill.
Working with its India Corporate Counsel Forum and Compliance and Ethics Committee on the comments, ACC noted that India's data protection law should facilitate efficient cross-border data flows, as barriers would be a hindrance on global businesses. ACC also recommended that India follow a similar approach to Canada — adopt a flexible method to consent requirements by only requiring express consent for handling sensitive personal data. Further, ACC advised that liability for harms caused by a data incident should be based on an organisation's failure to implement necessary protection measures, rather than subjecting data controllers to a strict liability regime.
ACC's comments to India's government white paper can be viewed here.
About ACC: The Association of Corporate Counsel (ACC) is a global legal association that promotes the common professional and business interests of in-house counsel who work for corporations, associations and other organizations through information, education, networking, and advocacy. With more than 43,000 members in 85 countries employed by over 10,000 organizations, ACC connects its members to the people and resources necessary for both personal and professional growth. By in-house counsel, for in-house counsel.® For more information, visit www.acc.com and follow ACC on Twitter: @ACCinhouse.
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