#PolicyBulletin: JCP's recommendation on Data Protection Bill

  • After a rigorous round of 78 sitting the Joint Committee of the Parliament (JCP) on Thursday submitted its recommendations on the Personal Data Protection Bill.

  • One of the key recommendations of the committee is that the social media companies that do not act as intermediaries, are to be regarded as content publishers. This provision implies that these social media companies will be liable for the content they host.

  • The JCP, which was constituted in 2019, expanded its mandate to include discussions on non-personal data as well.

  • To ensure that all such data aggregators get ample time to comply with the rules under the new Bill, the JCP suggested that up to 24 months be given from the date of notification of the Act.

  • The committee has recommended a fine of up to Rs 15 crore or 4% of the total global turnover of the firm for data breaches, and a jail term of up to 3 years if de-identified data is re-identified.

  • It has also recommended the constitution of a Data Protection Authority (DPA) that will regulate the proposed legislation; rather than having two separate ones for personal and non-personal data.

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