On a broad spectrum of regulation with a top-down approach of government legislation on one end and bottom-up solutions of self-regulation on the other, co-regulation serves as a fine balancing act in the middle.
Authors
GV Anand Bhushan, Visiting Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Swasti Gupta, Lecturer, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Summary
Nearly half a decade after the Supreme Court’s 2017 Puttaswamy judgement recognised privacy as a fundamental right, India has a new iteration of the Digital Personal Data Protection (DPDP) Bill. At a cursory glance, the bill’s simplicity immediately catches the eye. With streamlined provisions, easy-to-understand language and clear illustrations, the draft bill strives to serve a comprehensive legal framework while retaining the fundamentals of its predecessors to regulate digital personal data in the country.
Refreshingly, the bill acts as a panacea to some of the pain points of the previous versions. Nonetheless, the bill is not without room for improvement.
In a world of increased Internet penetration and a technology-fueled digital economy, there is a need to rethink traditional tools and practices of regulation and devise an agile regulatory framework that promotes innovation and disruption. One such tool that could help in the enforcement of the current bill is a co-regulatory model.
On a broad spectrum of regulation with a top-down approach of government legislation on one end and bottom-up solutions of self-regulation on the other, co-regulation serves as a fine balancing act in the middle. It envisages active participation from the government, industry experts, specialised groups, civil society organisations and citizens in framing and enforcing standards and best practices.
Each of these stakeholder groups are equipped with specific information about the data economy which, if combined, could result in the creation of a data protection framework that is consistently informed by empirical data and practical challenges. Such a multi stakeholder engagement will pave the way for an efficient feedback loop in enforcing intricate laws impacting the ever-so-dynamic technology landscape.
Published in: CNBC TV-18
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