Law and Data Protection.pptx by Dr. M.K.

PPT on law and data protection

1. WELCOME FROM GALTER Prof. Dr. M.K. Bhandari Founder Director, GALTER [email protected] 9167724112 Register as member of GALTER https://forms.gle/QCt1wTarU4L7S337A

2. For complete Brochure and Details, please click here: https://drive.google.com/file/d/1qlBYUxPvFyR3QXbFjJmc7PgI8B5Gk26d/view?usp=sharing

3. PART I: KEY HIGHLIGHTS

4. What is Data? Data is a collection of facts, such as numbers, words, measurements, observations, or even just descriptions of things. Importance of Data: Decision Making: Helps in making informed decisions. Research and Development: Fuels innovation and improvements. Business and Economics: Drives market analysis and economic forecasting.

5. How Much Data is Generated - Explosion of Data?

6. How Much Data is Generated - Explosion of Data? Source: https://youtu.be/h78D_hi_ccQ?si=t0Ydv8TLEBs2RfGK

7. Few Big Data Breaches Yahoo Data Breach (2017) Impacting 3 billion accounts Aadhar Data Breach (2018) Impacting 1.1 billion people LinkedIn Data Breach (2021) Impacting 700 million users Facebook Data Breach (2019) Impacting 533 million users Adobe Data Breach (2013) Impacting 152 million Uber Data Breach (2013) Impacting 57 million users and 600,000 drivers Source: https://r.search.yahoo.com/_ylt=AwrOo_7UILZmdwQASaBXNyoA;_ylu=Y29sbwNncTEEcG9zAzEEdnRpZAMEc2VjA3Ny/RV=2/RE=1724421589/RO=10/RU=https%3a%2f%2fwww.upguard.com%2fblog%2fbiggest-data-breaches/RK=2/RS=fQQc9KuqOkx.oEELXXVU1Jg_qrE-

8. Why Data Privacy is essential?

9. Need for Stringent Data Protection Law?

10. Relevant Case Laws (Journey of Privacy as a Fundamental Right in India)

11. Overview of Digital Personal Data Protection Act, 2023

12. Key Definitions

13. Key Definitions

14. Key Definitions Unique feature of this act, first time the term she/her has been used in place of He/Him (Sec 2(y))

15. Rights and Duties of Data Principal (CHAPTER III- Sections 11-15) RIGHTS (SECTIONS 11-14) Right to access information about personal data (Section 11). Right to correction and erasure of personal data (Section 12) Right to grievance redressal (Section 13) Right to nominate (Section 14) GDPR Data Subject: Rights and Duties of Data Subject in European Union – General Data Protection Regulation (Article 12-23) DUTIES (SECTIONS 15) Compliance with the provisions of all applicable laws. Not to impersonate another person while providing her personal data for a specified purpose Not to suppress any material information while providing her personal data Not to register a false or frivolous grievance or complaint Furnish only such information as is verifiably authentic

16. Obligations of Data Fiduciary (CHAPTER II- Sections 4-10)

17. Obligations of Data Fiduciary (CHAPTER II- Sections 4-10)

18. Obligations of Data Fiduciary (CHAPTER II- Sections 4-10) The Central Government to notify S.D.F on following criteria: The volume and sensitivity of personal data processed; Risk to the rights of Data Principal; Potential impact on the sovereignty and integrity of India; Risk to electoral democracy; Security of the State; and Public order. Section 10: Additional Obligation of Significant Data Fiduciary (SDF) Significant Data Fiduciary shall: Appoint a Data Protection Officer Appoint an Independent Data Auditor Periodic Data Protection Impact Assessment Periodic Audit

19. Authorities under DPDP Act Data Protection Board (Sec 18-28) The Central Government to constitute the board Chairperson with members (field of law) Two years term with reappointment Power of Civil Court Follow principles of Natural Justice May impose penalties under section 33 Appellate Tribunal (Sec 29) Person aggrieved by the order or direction of the Board may prefer appeal before the tribunal within 60 days from the date of receipt of order. Appeal to be disposed of within 6 months Order passed by Appellate Tribunal to be executed as decree (Sec 30).

20. Penalties (Section 33 read with Schedule I)

21. PART II: GLOBAL SCENARIO AND CHALLENGES

22. Relevant Legislations in India (Relating to Data Privacy)

23. Overview of Global Data Protection Landscape 137 out of 194 countries had put in place legislation to secure the protection of data and privacy. Africa and Asia show different level of adoption with 61 and 57 per cent of countries having adopted such legislations.

24. Overview of Global Data Protection Landscape CYBERCRIME LEGISLATION WORLDWIDE E-TRANSACTIONS LEGISLATION WORLDWIDE GLOBAL CYBER LAW TRACKER For more details: visit https://unctad.org ( Statistics and Data )

25. Overview of Global Data Protection Landscape General Data Protection Regulation (GDPR) Digital Personal Data Protection Act, 2023 (DPDP Act) Applicability All kind of Personal Data Only Digital Personal Data Age for Consent 18-16 years, depending on the members of state laws Minimum age for consent is 18 years Sensitive Data Sensitive Personal Data covered. Defined by Article 9 Sensitive Personal Data not defined Data Processing Principles Art. 5 lays down 7 data processing principles DPDP mentions no such principles Data Localisation Mandates strict data localisation No longer included in DPDP Act Penalties 2-4% of worldwide annual turnover or 10-20 million EUR (whichever is higher) Penalties credited to affected data subjects Penalties capped at 250 crores Penalties credited to Government of India

26. Challenges in Global Data Protection

27. PART III: SESSION PRACTICE QUIZ

28. SCAN THE BELOW QR CODE FOR QUIZ

29. THANK YOU!! In case of any query, feel free to contact [email protected] | 9167724112 Prof. Dr. M.K. Bhandari Founder Director, GALTER