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28 Int'l J.L. & Info. Tech. 1 (2020)

handle is hein.journals/ijlit28 and id is 1 raw text is: International Journal of Law and Information Technology, 2020, 28, 1-19 doi: 10.1093/ijlit/eaaa003 Advance Access Publication Date: 21 February 2020 Article The Personal Data Protection Bill, 2018: India's regulatory journey towards a comprehensive data protection law Deva Prasad M* and Suchithra Menon Ct ABSTRACT This article analyses the relevance of Personal Data Protection Bill, 2018 for develop- ing a data protection legal framework in India. In this regard, the article attempts to analyse the evolution process of comprehensive personal data protection law in the Indian context. The manner in which the Personal Data Protection Bill, 2018 will re- vamp and strengthen the existing data protection regulatory framework forms the major edifice of this article. The article also dwells on the significant role played by the fundamental right to privacy judgment (Justice K.S. Puttaswamy v Union of India) of Supreme Court of India, thus preparing the regulatory ground for the evolution of the Personal Data Protection Bill, 2018. The influence of the European Union General Data Protection Regulation in shaping the Indian legal framework is highlighted. The article also discusses pertinent legal concerns that could question the effectiveness of the proposed data protection legal framework in the Indian context. KEYWORDS: Personal Data Protection Bill, 2018, data protection law, privacy, India, GDPR, Information Technology Act 2000, European Union INTRODUCTION A comprehensive data protection legislation titled 'The Personal Data Protection Bill, 2018' (PDP Bill) is under consideration of the Indian government.1 The evolu- tion background and possible implications of the Bill are significant both from a pol- icy perspective and also academic perspective. This would be an important landmark development in India's digital rights regulatory landscape. With the existing * Assistant Professor of Law, Indian Institute of Management Kozhikode, Kozhikode 673 570, Kerala, India, Telephone: +91-9400484963, E-mail devaprasadciimk.ac.in (Official) drdevaprasadmpgmail.com (Personal) t Assistant Professor of Law, Sai University, SSPDL Tower Beta Block 4th floor Navalur, Old Mahabalipuram Rd, Chennai, 603103, India, E-mail: suchithra.menon(saiuniversity.edu.in (Official) suchi- thramenonc@gmail.com. The opinions expressed in this publication are those of the authors. They do not reflect the opinions or views of the employer. 1 'The Personal Data Protection Bill' (Ministry of Electronics and Information Technology) <https:// meity.gov.in/writereaddata/files/PersonalDataProtection Bill,2018.pdf> accessed 26 June 2019. The proposed PDP Bill has been formulated by the Justice Srikrishna Committee as part of the mandate given to the expert committee. © The Author(s) (2020). Published by Oxford University Press. All rights reserved. For permissions, please email: journals.permissionspoup.com. . 1

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