THe Blog

February 14, 2018

Data Protection and Pragmatism

On Ajay Shah's blog, Suyash Rai, a researcher at the National Institute of Public Finance and Policy, sheds light on various aspects of data protection. Excerpts:


"A Committee constituted by the Central Government is working on a data protection law. The White Paper published by the Committee suggests that the Committee is in favor of a comprehensive law, with a number of rights and protections. Many of the stakeholders seem to be demanding an even more comprehensive law. In this essay, I present analysis of certain issues relating to regulation of data protection. These are organised around the themes of: regulatory capacity; the economics of data protection regulation; jurisdiction-related issues; the rights-based approach to regulation; the need to distinguish between data protection and broader privacy concerns; approach to data protection in government organisations; balancing regulatory clarity with flexibility to allow innovations; and regulatory governance and due process requirements. In my view, reflection on these issues will help create an effective law for data protection. Towards the end of this essay, certain specific suggestions on the legislative formulation are given. However, these suggestions, which flow from the analysis, are very tentative, because much more analysis is required..."


Read the whole essay here.


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