New Report on Limits of “Consent” in India’s Data Protection Law

Today, the Future of Privacy Forum (FPF) and the Asian Business Law Institute (ABLI), as part of their ongoing joint research project: “From Consent-Centric Data Protection Frameworks to Responsible Data Practices and Privacy Accountability in Asia Pacific,” are publishing the eleventh in a series of detailed jurisdiction reports on the status of “consent” and alternatives to consent as lawful bases for processing personal data in Asia Pacific (APAC).

This report provides a detailed overview of relevant laws and regulations in India, including:

notice and consent requirements for processing personal data;the status of alternative legal bases for processing personal data which permit processing of personal data without consent if the data controller undertakes a risk impact assessment (e.g., legitimate interests); andstatutory bases for processing personal data without consent and exceptions or derogations from consent requirements in laws and regulations.

The findings of this report and others in the series will inform a forthcoming comparative review paper which will make detailed recommendations for legal convergence in APAC.

Developments in India’s Data Protection Landscape

To date, India has not enacted comprehensive data protection legislation.

In 2017, against the backdrop of the Supreme Court of India’s landmark decision on the right to privacy in Justice KS Puttaswamy v. Union of India, India’s Ministry of Electronics and Information Technology established a Committee of Experts to study issues relating to data protection in India and draft personal data protection legislation. In July 2018, this Committee of Experts released draft legislation, which was tabled in the

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