The Passport to Regulate Foreign Jurisdiction: The Personal Data Protection Bill, 2019 on its Extraterritorial Application

Authors

  • Vasishtan P Hidayatullah National Law University, Raipur, India

DOI:

https://doi.org/10.21776/ub.blj.2022.009.01.04

Keywords:

law, technology law, data protection, information technology law, GDPR, Data Privacy,

Abstract

The Indian Personal Data Protection Bill, 2019 was formulated from the Recommendations of the Justice Srikrishna Report. This Bill was the first portkey for India's exclusive data protection regime. The need for protecting the personal data of every Indian becomes essential, as India quite lacks awareness of the importance of every personal, sensitive and critical data. In the absence of personal awareness, a strong framework of data protection law becomes the only safe house to protect every individual's best interests.

The EU's GDPR serves as a famous yardstick for global data protection regulation. This is largely due to the architecture on which GDPR was built. Formulated with the sole intent to protect every EU's individual's best interests, the GDPR imposes a great onus of compliance on foreign entities that process their personal data. This resolute extraterritorial nature that GDPR thatches on itself, has commanded several jurisdictions and global entities to comply with it. There are worldwide new data protection regimes being formulated, based on the GDPR's model

This places a burden on the Joint Parliamentary Committee that is reviewing India's PDP Bill to upgrade its stance to be tenacious, more obstinate and laid on a strong extraterritorial foundation. This requirement comes with a plethora of challenges in international law, as questions on cross-border jurisdictions may arise. This paper will compare PDP Bill with the GDPR and Brasil's LGPD and analyse the key challenges emerging from the extraterritorial scope of these legislations through the lens of international law. Due academic research is also applied in this study. The paper will strive to identify the possible and plausible solutions to these extraterritorial jurisdictional issues and highlight where India's PDP Bill could improve in terms of its fundamental construction on its extraterritorial aspect.

Keywords: Data Protection, PDP Bill, Extraterritorial Application, GDPR, LGPD.

Author Biography

Vasishtan P, Hidayatullah National Law University, Raipur, India

Vasishtan is an Indian Lawyer who is presently an LL.M. (Technology and Law) candidate at the Hidayatullah National Law University, Raipur, India. Vasishtan is also a Technology Law and Policy Fellow at Daksha Fellowship.

References

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Published

2022-04-30

How to Cite

P, V. (2022). The Passport to Regulate Foreign Jurisdiction: The Personal Data Protection Bill, 2019 on its Extraterritorial Application. Brawijaya Law Journal, 9(1). https://doi.org/10.21776/ub.blj.2022.009.01.04