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To date, India has not to date enacted specific legislation on data privacy, with personal data mostly protected through indirect safeguards developed by the courts under common law, principlesof equity and the law of breach of confidence.

The Government of India has proposed a draft statute on data protection, the Personal Data Protection Bill 2019 (PDPB), that is still being debated within parliamentary circles.

The Bill covers mechanisms for protection of personal data and proposes the setting up of a Data Protection Authority of India, requirements for technology companies to obtain explicit permission for most uses of personal data and allowing citizens more ownership over their personal data and proposes a maximum penalty of up to 4% of a company’s global revenue (as with GDPR).

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