Personal Data Bill 2022 India: Draft proposals


‘Negative List’ For Cross-Border Data Transfer In Works: MoS IT

The Centre might notify a ‘negative list’ or a list of disapproved countries, with the government blocking cross-border data transfer to these countries. The government is set to include the change in the upcoming draft Digital Personal Data Protection Bill (DPDP Bill), 2022.

The Minister of State for Electronics and IT, Rajeev Chandrasekhar, told ET that cross-border data flow will be enabled to countries by default. However, the government would block that channel in case the receiving country is on the negative list.

This is one of the best implementations of data diplomacy in the works! I’d say, a brilliant move! You can choose the entities based on your choosing, and not around specific treaties that may bind you indefinitely (like, for example, the World Trade Organisation). The format for multilateral bodies is any way out, and India is negotiating treaties individually. The onus lies on us to restrict or turn off the data flow outside the borders. It would also be prudent to label the data individually.

As 5G (and 6G) evolves, the geo-spatial intelligence will assume significant importance. By generating data (and restricting access) case-by-case, India can determine the dominance of the companies. For example, holding the keys to GIS from Google can knee-cap its dominance in mapping, and instead, push out the local players (e.g., MapmyIndia) with better API’s. This can also determine the valuations and accelerate the push of global corporations to shift to India for the long-term. This is in contrast to the bellicose EU, which remains atrophied and tied up in its own knots around regulation; often dumbing down its purpose. EU remains a relic of the past; a tottering wasteland of ideas barring, perhaps a few countries.

Brilliant move by team India!

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