What is the future of data protection regulation and laws in India at such a crucial time in its technological history? In this article we will explore its future in a short overview.

With the reduction of the severity of the pandemic in India, every activity that was driven online, from virtual courts to e-gazettes is minimized. The Supreme Court of India, on 20th October 2021, resumed physical hearings for the first time after the pandemic, however, the protection of previous as well as new data is still necessary to maintain the privacy and confidentiality of persons. Therefore, to achieve that, it is necessary to analyze the existing and latest data protection laws in India. 

There are several laws that exist in India to protect data. It includes the right to privacy guaranteed under Article 21 of the Constitution of India, the Confidentiality clause under Section 27 of the Indian Contract Act, 1872, several sections under the Information Technology Act, 2000 like penalizing a person for accessing a secure computer network without the permission of the owner, punishing a person for identity threat, penalizing securing access to any electronic record, book, register, correspondence, information, document and disclosing them as well. The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, have been published by the government as well.

The Rules only safeguard "sensitive personal data or information of a person." It does, however, continue to play a vital role in safeguarding the data of persons. The government also has the power to interfere with data under Section 69 and 69A of the Information Technology Act, 2000 in the interest of sovereignty or integrity of India, defense of India, security of the State, friendly relations with foreign states, or public order. 

Further, India intends to increase its attention on data privacy through the Personal Data Protection Bill, 2019, which was tabled in the Lok Sabha on December 11, 2019, by Mr. Ravi Shankar Prasad, Minister of Electronics and Information Technology.

The bill aims to ensure that the personal data of persons are protected, and it establishes a Data Protection Authority to do so. As of December 17, 2019, a Joint Parliamentary Committee (JPC) is examining the Bill in cooperation with various organizations. The bill addresses personal data protection methods and proposes the creation of an Indian Data Protection Authority to oversee them. The report is set to be released in November 2021.

Due to a lack of a strong legal framework, India's data protection law is now beset with issues and dissatisfaction. Cybercrime is growing at an alarming rate throughout the world. India, as the world's top outsourcer of data processing, may become a hotbed of cybercrime. This is mostly owing to a lack of suitable laws. As a result, The Personal Data Protection Bill must be passed to consolidate laws and reduce such crimes.