Tsaaro survey reveals majority of the people feel SM platforms will have to adhere to Indian privacy laws now

A massive 93% of participants in the survey by Tsaaro agreed that social media platforms will have to adhere to Indian privacy laws now. The survey was conducted to find out people’s expectations from the upcoming Personal Data Protection Bill 2019.

The study saw participation from more than 200 privacy professionals across education, healthcare, information technology, banking and finance, and other sectors.

As per the findings of the study, released today, over 51% of respondents said they thought the drafted Bill was at par with other global privacy laws such as the GDPR, CCPA and the PIPL. However, most of the participants recommended that the drafted bill should provide for an independent data protection authority similar to the GDPR.

Upon being asked whether they agree with the proposed provision of inculcating data localisation in reference to the organizations which are operating outside India, 70% agreed. However, a majority of the participants felt that the definition of critical data needs to be worked upon and 71% of them felt that the definition, as of now, was not up to the standard.

On the question of whether there should be a restriction on the number of data subject requests an individual is entitled to, 69% agreed that there should be some form of limit that allows access without infringing on an individual's rights. While a majority of 76% of respondents agreed that there should be a retrospective application of the provisions of the drafted PDP Bill, only 10% responded that it should be enacted as it is. However, interestingly when asked if consent should be the sole legal basis on which data may be processed, the majority of participants said no, adding that the law should allow for another legal basis on which data can be processed.

Regarding data subject rights, the study found out that the majority of participants were worried that it does not guarantee the same rights to data subjects as privacy legislation like the GDPR.

It was also suggested that the upcoming bill should state that in case of data breaches by public bodies they should be held liable. Government bodies collect and processes large amounts of personal data and sensitive personal data, therefore, they should not be exempted from complying with the provisions in the drafted Bill.

Akarsh Singh, CEO and Co-founder, Tsaaro said, “Data privacy is a growing concern amidst increasing number of data breach incidents. The much-awaited personal data protection bill, which is scheduled to be tabled in the Winter Session of the Parliament, has received a mixed response. We wanted to deep-dive into the several possibilities, recommendations as well as a general overview of data privacy experts and professionals. The survey, conducted over the last three weeks, has been effective in bringing to light the key pain points of the industry and we hope to bring insights for people in general as well as the policy-makers to consider.”

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