Month: July 2021

Prime Minister Narendra Modi and Home Minister Amit Shah had appointed Rakesh Asthana as Delhi Police Commissioner as Narendra Modi heads the appointment committee. Rakesh Asthana is an IPS officer and former CBI Special Director as well from which he had retired lately. Being aggrieved by the appointment of Rakesh Asthana as Delhi Police Commissioner Advocate ML Sharma had filed a petition against Prime Minister Narendra Modi and Home Minister Amit Shah by alleging them for Contempt of Court.

Advocate Sharma stated in his petition that as per the previous judgment of Prakash Singh, that for the appointment as DGP a person must have at least three months of service left before retirement. But as per the present situation appointment is made in violation of Prakash Singh Judgment as four days were left for superannuation which is contempt for the court.

The question that has been put forth from the plea is that whether the Constitution will Survive the dictatorship of the government servant. It was stated that such contempt which is made by Prime Minister itself raised a serious question that does they don’t consideration rules and law as nothing is only for common people.

-Report by RIDDHI DUBEY

The Bombay High Court on Friday, ordered to remove certain content from the internet that was prima facie defamatory to the Actress. Shilpa Shetty on Thursday filed a defamation suit against several media organizations seeking an injunction against false, malicious, and defamatory content published by them. This came after the husband of the actress, Raj Kundra was arrested for his alleged involvement in a porn production case.

The court said imposing a blanket order on the media personnel against the alleged defamatory content would have a “chilling effect on the freedom of the press”. However, the court ordered one media house from Uttar Pradesh to take down a video that portrayed her as ‘duplicitous’ at a personal level, while two others removed their content themselves. The court while ordering the same said that this order shall not act as a gag except for the two or three instances mentioned above.

The court said news reports which are based on police information cannot be construed as defamation. The matter needs to be looked at closely, it cannot be said that all the statements made are defamatory or not.

Shetty has filed a 25 crore defamation suit against 29 media houses- print, electronic and social media to prevent them from circulating derogatory content which is an invasion of her privacy. The Court said, there has to be a certain level of balance between freedom of press and the right of privacy. It simply cannot be said that because a person is a celebrity, such person has forfeited his/her right to privacy.

One video uploaded on the Shudh Manoranjan channel portrayed Shetty on moral grounds commenting on her parenting to her minor children. This video was removed from the online platform and the court said that it shall remain so.

The court has sought responses from the defendants by August 18 and the next date of hearing is to be on September 20th.

-Report by VANESSA RODRIGUES

Link Legal is looking for lawyers having a minimum of 3-5 years of PQE for the position of Associate or Senior Associate in the Banking and Finance or Infrastructure practice area of the firm. 

The candidate should have relevant experience of advising on project finance, banking & finance transactions or infrastructure. She or he must possess excellent knowledge of law and should have good communication, research and drafting skills. 

The remuneration offered would be commensurate with market standards. 

Job Location

Delhi & Mumbai

How to Apply

Suitable candidates may send their resumes at hr.support@linklegal.in

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About the Company

Established in 2009, we have carved out a niche for ourselves in the real estate industry in a short span of time. We aim to create real estate solutions that add value to lives. This reflects in the precision of our processes, the simplicity of our transactions & the thoughtfulness in everything we build. We are artisans who take great pride in the process of creation, for the joy it delivers.

Position Title

Head Legal

Location

HO, Ahmedabad

Education

Law Graduate from a premier institute (preferably National Law Universities).

Experience

1.       Minimum 15 years post qualification including 5 years’ experience of working as Head of Department

2.       Candidates with exposure to Real Estate and understanding of RERA regime will be preferred

3.       Proficient in drafting of MOUs, Term Sheets, Agreements, Commercial Contracts, Agreement to Sell, Conveyance Deeds, Notices, Security Documents and other transaction and structuring  documents pertaining to real estate business.

4.       Ability to understand, review and comment on the title due diligence.

5.       Proficiency in English is a must and ability to read and write Gujarati will be preferred.

6.       Knowledge of Gujarat and Karnataka Revenue laws will be an added advantage.

7.       Understanding of various court processes and advising the management on legal strategy

8.       Ability to build and lead legal department essential

Link to Apply

Click here to Apply

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The PIL regarding the restrain and rehabilitation of the beggars in the wake of this pandemic situation was brought before the court by the petitioner Kush Karla on 27.07.2021, before the bench of Justices DY Chandrachud and MR Shah.

“We can’t restrain beggars. Nobody wants to beg it’s all the situation leading the human to do so. And this restraining them cannot miss out of our eyes but it is an economic crisis of the society that brought them to this situation even it’s their own will to do so”, said the bench.

Senior advocate Chinmoy Sharma, who appeared as the petitioner’s counsel, responded to the bench that our plea is not regarding the restrain of beggars but to provide rehabilitation for them after being vaccinated, And all the people in this country mandatory to be vaccinated but why not the beggars. In light of this, the court sent notice to the national capital territory of Delhi also to the union of India on the prayer regarding the vaccination and rehabilitation of the beggars.

The court ordered that in regards to the plea every citizen in the country means to be safe and secured, irrespective of the rich nor poor. Also, the court highlighted that it is the socio-economic crisis that leads people in the streets to beg, it is not anyone’s choice to opt for such a decision. Restraining them is not a way to decrease this socio-economic crisis, People do beg due to poverty and unemployment. Also, the mentioned that there are many societies to help and protect the homeless people, though the court issued an order to protect them from the spreading of COVID 19 in the traffics and streets due to the act of begging, And directed the union and Delhi to give response for such human situations, and the court asked the Solicitor General to assist the court.

The hearing would be continued two weeks later.

-Report by AJISHA

The Editorial Board of the Indian Constitutional Law Review (ICLRQ) is accepting original and unpublished manuscripts in the field of constitutional law, administrative law, democratic rights, policy and related issues for publication in the upcoming edition of the Journal.

Submission Guidelines

• The submissions can be made under any of the following categories: Articles/Research Papers/Case Comments.
• Word Limit for each Category:
  • Research Papers: 5000-7000 words exclusive of footnotes.
  • Articles: 3000-5000 words exclusive of footnotes.
  • Case Comments: 2500-3000 words exclusive of footnotes.
  • Book Reviews: 1500-2500 words exclusive of footnotes (please note that the book should have been be published within the 2019-2021 duration and must be relevant as of April, 2021).
  • Please note that the word limits are not hardcoded.
• Co-Authorship, for research papers only, is permitted up to 2 authors.
• The contributors must adhere to the Bluebook 20th Edition citation format.
• All Articles & Research Papers must include an abstract of not more than 350 words. Please note that the word limits are not hardcoded.

Formatting Guidelines

• 1. Title of the Paper – Times New Roman, Size 16, Bold.
• 2. Sub-Title – Times New Roman, Size 12.
• 3. Heading 1 – Times New Roman, Size 12, Bold.
• 4. Heading 2 – Times New Roman, Size 12, Underlined.
• 5. Heading 3 – Times New Roman, Size 12, Italics.
• 6. Line Spacing – 1.5.
• 7. Footnotes – Times New Roman, Size 10, Single Line Spacing.

Submission Process

• Submissions must be accompanied with details of authors such as title of submission, name of authors, email, phone, college or affiliation, year of study, category of submission in the body of the email or web form.
• The name of the author(s) or affiliation should NOT appear in the word document containing the final submission.
• The submissions must be the original work of the Author(s). Any plagiarism will lead to outright rejection.
• Author(s) are required to send their submissions at info@iclrq.in or through the web form in a word document format (.doc/.docx).
• The name of the document must be in the following format- Title of the Submission-Name of the Author.
• Submission must be made with the Subject of the email as ‘Submission-Edition [] (ICLRQ)’.

For more details-

https://www.ijlr.in/opportunities/1nmdc

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FORum for Legal Awareness And Social Service (FORLASS) INDIA and Indian Journal of Legal Review (IJLR), presents the 1st National Memorial Drafting Competition, 2021.

Endeavour will be to create an atmosphere of invigorating intellectual challenges and the opportunity to learn court craft through simulated experiences in the competition. We look forward to a positive response.

Competition Details

Rules and Regulations

1. General Information

1.1. These are the rules for the 1^st National Memorial Drafting Competition, 2021.

1.2. The competition is being conducted by FORLASS INDIA organization and IJLR.

1.3. Last Date for submitting memorials – 26th September 2021.

1.4. The Organizing Committee shall function as the point of contact, and any changes in the Rules of the Competition shall be notified by email to all participating teams.

1.5. The Competition shall be conducted by rules mentioned hereunder. Participants are required to comply with the rules and procedures prescribed herein.

1.6. The official email for all correspondence for the Competition is info@ijlr.in and forlassindia@gmail.com

2. Definition Part

2.1. “Competition” means the 1^st National Memorial Drafting Competition, 2021.

2.2. “Identity” means any fact of the identity of the Team, its members, or the Institution/College/University represented by the Team and the state or region where such Institution/College/University is located and includes any identification marks/ seal of the Team or the Institution/ College/University represented.

2.3. “Organizing Committee” or “OC” means the Organizing Members from FORLASS INDIA and IJLR.

2.4. “Team” means the registered participants in the Competition and shall include only those members as specified in Rule 3.2 of the Rules of the Competition.

2.5. “Team Code” means the code assigned to a Team for Representing.

2.6. “Memorial” means the memorandum of written submissions submitted by any Team as per these Rules of the Competition.

2.7. “Memorial Score” means the score determined by the Rules of the Competition.

3. Eligibility and Registration

3.1. Any students enrolled in a three (3) year LL.B. programme or a five (5) year LL.B. programme shall be eligible to participate in the Competition. Students enrolled in Post-Graduate are not eligible to participate. A person not eligible to participate in the competition who is current member of FORLASS INDIA and IJLR.

3.2. The team composition for the Competition shall be either Individual Member Team or Maximum Two Members Team. Inter-Cross college or university team registration is allowed in this Competition.

3.3 Here is no need for any authorisation latter from any institutions.

3.4 Registration fee for a Team is ₹ 60. Registration Fees must be paid before registration. And except in inevitable circumstances, the registration fee is not refundable.

3.5 Payment Instructions.

In the case of Bank Transaction:-

BANK NAME: BANK OF BARODA.

ACCOUNT NUMBER: 74980100022173.

IFS CODE: BARB0VJTICH.

BRANCH NAME: Salai Road, Tiruchirappalli.

ACCOUNT NAME: PRASANNA S (or)

In the case of UPI Transaction:-

ijlr@upi (or) +91 94896 71437

3.6 Registration is open from 01st August to 29th August 2021. Registration Linkhttps://forms.gle/g6JwtygGBJyA2G1X7.

3.7 After the Registration process complies with the participants, within 18 hours confirmation mail and Team code shall be allotted to that team.

3.8 After Team Code allotment, Teams must represent their team code to The Organising Committee for any situations. Non-Comply with this rule will lead to disqualification of teams.

4. Memorial Rules

4.1. General Rules for Memorial

4.1.1. All the teams must submit the soft copy of the memorial for both sides (Petitioner-Respondent) on or before 11:59 PM (IST), September 26th, 2021. The memorial should be sent in a format of Word (‘.doc’ or ‘.docx’) format. Here are no negative marks for late submissions. So sharply registration link will be closed at that mentioned time.

4.1.2 Mode of Memorial submission will be announced after the all registration process.

4.1.3. Participants are allowed to frame additional issues other than those provided in the moot proposition if desired.

4.1.4. The soft copy of memorials once submitted cannot be revised or resubmitted.

4.1.5. The Cover Page of the Memorial must follow the following colour scheme, Blue for the Petitioner Cover Page and Red for the Respondent Cover Page.

4.1.6. The Memorial must not contain any Annexure / Photographs /Sketches / Exhibits / Affidavits or any other representation of like nature.

4.1.7. The memorials must not contain any identification apart from the team code allotted. If any discrepancy or any attempt to disclose identity by any team is noticed by the Organizers, the team will be disqualified.

4.1.8. The memorials must be named in the following format: “Team Code -Petitioner/Respondent”, for example, “T001 – Petitioner”. The file name shall not carry any other identifying marks.

4.1.9. Participants must refrain from using the same language or copying from other’s memorials and other sources. Even the use of publicly available information must be accompanied by proper citations. These rules shall apply to all parts of the memorial and not just the Pleadings and Prayer. The Organizing Committee in consultation with the memorial judges will take a final decision regarding the determination of cases of plagiarism and penal measures for such action.

4.1.10. Memorials that do not comply with the above-mentioned specifications will be rejected.

4.2. Rules on the Content and Formatting of Memorials

4.2.1. Each Team is required to prepare a memorial for each party of the dispute with the following mandatory heads:

a) Cover Page

b) Table of Contents

c) Index of Authorities

d) Statement of Jurisdiction

e) Statement of Facts (Must not exceed single Page)

f) Issues Raised

g) Summary of Arguments (Must Not Exceed 2 Pages)

h) Arguments Advanced (Must Not Exceed 25 Pages)

i) Prayer.

No restrictions for overall page count.

4.2.2. The Cover Page must contain only the following information:

a) The Team Code in the upper right corner of each memorial. No other page must contain the team code.

b) The name of the Forum resolving the dispute.

c) The name of the Competition.

d) Name of the parties and status before the Forum

e) The party on whose behalf the memorial has been prepared

4.2.3. All parts of the memorial (including Headings, Headers and Footers) must be typed on A4 sized paper/format, with the following Formatting Specifications:

a) Page Orientation: Portrait

b) Font Type: Times New Roman

c) Font Size: 12

d) Line Spacing: 1.5

e) Margins: One (1) Inch on Each Side

f) All Paragraph should be Justified

4.2.4. For Footnotes, the Formatting Specifications are as below:

a) Format: 20th Bluebook Citation Format.

b) Font Type: Times New Roman

c) Font Size: 10

d) Line Spacing: 1

e) Speaking footnotes or endnotes are not allowed except in necessary situations.

5. Evaluation Criteria

5.1. Evaluation Criteria for Memorials

Memorials will be marked on a scale of 100 marks per the following criteria:

Clarity of fact

5 marks.

Research Studies and its usage in Memorials

15 marks.

Usage of Legal Language

5 marks.

Legal Maxims, legal doctrines and legal principles

10 marks.

handling way of pre-judgments and acts

10 marks.

cover page

5 marks.

Memorial Alignment Skill

10 marks.

Utilization of Memorial Submission Rules

5 marks.

Jurisdiction

5 marks.

Summary of Argument

5 marks.

Correlation of issues

5 marks.

Continuation of Memorial

10 marks.

Prayer

5 marks.

Excluding Fact, Ability to handle other issues related to Fact

5 marks.

Total

100 Marks

Here is no penalty for any thinks.

6. Result

6.1. Results of Memorandum evaluation will be declared on 3rd, October 2021.

6.2. Results contains Each Teams Marks (Sorted By each criterion mentioned in Rule 5), Each Teams Memorials, Best Memorials of the Competition, Certificate of Participation, Certificate of Merit.

6.3 Results are the final decision of the Organizing Committee.

7. Awards

Winner-Up – Rs. 1,000/ + Justice B P Banerjee’s Writ Remedies (7th Edition) Paper Back Book + Free Publication Opportunity at IJLR +Certificate of Merit.

(Winner-Up Award for who takes the first place of Memorial Evaluation)

Runner-Up – Rs. 750/ ₊ M.P. Jain’s Indian Constitution Law (8th edition) Paper Back Book + Free Publication Opportunity at IJLR + E-Certification of Merit.

(Runner-Up Award for who takes the Second place of Memorial Evaluation)

Raw Memorial Drafter – Rs. 500/ + Free Publication Opportunity at IJLR + E-Certification of Merit.

(Raw Memorial Drafter Award for who creates any unique format, Material or anything with the best knowledgeable content. It’s not based on Memorial Marks Evaluation.)

All the Participants will get an E-Certification of Participation. All the prizes will be delivered to the winners after the three days of Results.

8. Important Dates

Registration Open on

1st August, 2021.

Registration Close on

29th August, 2021.

Last date for Seeking Clarification

10th September, 2021.

Last date for Memorial Submission

26th September, 2021.

Results Declaration

3rd October, 2021.

For More Details,

Saranya Manoharan, Co-Ordinator – +91 85240 19402 (or) forlassindia@gmail.com

Prasanna, Co-Ordinator – +91 94896 71437 (or) info@ijlr.in

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About Accenture

Accenture is a leading global professional services company, providing a broad range of services in strategy and consulting, interactive, technology and operations, with digital capabilities across all of these services. We combine unmatched experience and specialized capabilities across more than 40 industries – powered by the world’s largest network of Advanced Technology and Intelligent Operations centers. With 514,000 people serving clients in more than 120 countries, Accenture brings continuous innovation to help clients improve their performance and create lasting value across their enterprises. Visit us at www.accenture.com

About Entity

Corporate Functions—including Human Resources, Finance, Legal, Marketing Communications, and Workplace Solutions– powers Accenture’s people across industries and functions to keep our business leading in the New. Join the heart and soul of Accenture, partnering with our extraordinary people to bring innovation into every organization.

Job description

Job Summary

The Senior Legal Counsel, Employment Law Contracting & V&A acts as legal advisor on Employment law issues in relation to Accenture’s contracting and V&A practices. He or she advises on strategic matters relating to Accenture’s contracting approach in respect of people solutions and HR matters, including effective risk mitigation planning. He or she provides employment law support on new complex deals carrying the largest and most complex people related risks in outsourcing, ventures and acquisitions. He or she helps to lead strategic initiatives and development of tools and know-how designed to enhance employment and labour law risks in the context of acquisitions, client deals and integrations.

Key Responsibilities

• Provide operational and strategic support to deal teams and to Sales & Delivery (Legal), Mobilisation, Solution Architects, CDTS and deal leadership on bid submissions and contract negotiations when addressing the HR solution of client deal constructs (e.g. outsourcing, build-operate-transfers, client captive acquisitions, client joint ventures etc.), particularly on the risk management, on the transition of staff into Accenture or its partners/subcontractors.
• Provide operational and strategic support to deal teams and V&A HR and V&A Legal on acquisitions and ventures in respect of risk analysis of target in light of due diligence undertaken, transition and retention of acquired personnel, contracting approach in respect of employment and HR related matters (including strategic input to negotiations and guidance on contractual documents), integration and post-merger planning
• Assure the quality of Employment Law delivery on new complex client and V&A deals by providing Employment Law support appropriate to needs, and integrating external support as required
• Manage and lead strategic employment law projects and development and deployment of technological tools in relation to contracting and V&A
• Coordination with attorneys in the MU Employment Law teams in respect of delivery of deal support and advising HR, Legal and management as appropriate.
• Act as senior point of contact and coach/mentor for MU Employment Law teams on significant and complex deal-specific employment law issues
• Manage and oversee outside counsel relationships with law firms, including managing the budget
• Stay abreast of legal developments affecting the company, its clients, and industries and synthesize the information to incorporate it into company’s practices in relation to contracting and V&A
• Oversee and contribute to development of internal guidelines, toolkits, and packaged knowledge on Employment legal and business issues
• Counsel, guide, train and support junior through senior levels of Legal attorneys as appropriate
• Educate senior company executives with regard to legal and risk management issues in relation to Contracting and V&A
• Make recommendations and escalate to the Sr. Director of Employment Law Contracting and V&A on material issues.
• Maintain clear understanding of sales and V&A pipeline management processes, escalation protocols to Leadership at MU, Market (including MICO) and Capital Committee and related Company policies associated with the same.
• Provide relevant input to briefings and escalations, to ensure employment law issues are addressed appropriately, key risk and mitigations identified, and that there are clear recommendations and options.
• Work with Legal Leads as appropriate
• Foster seamless integration and teaming relationships with the other Compliance, Operations, Regulatory and Ethics (“CORE”) Legal Services teams as well as with all teams in Sales & Delivery Legal and V&A Legal in the MU and Market, as well as with Mobilization, PT&T, CDTS and Solution Architect Leadership.
• Support, promote, and implement initiatives as part of Legal team, specifically the CORE compliance efforts, activities, and projects.

Relationships

Reports to: Sr. Director of Employment Law Contracting and V&A
Supervises: Coordinates external counsel

External Relationships: Outside law firms

Education Requirements

Education: Law Degree / Juris Doctor required.

Work Experience

8+ years experience in practicing employment law. Strong experience with Contracting and V&A and with advising management of large companies

Work Requirements

Limited travel required, mostly within Europe

Qualifications

Knowledge and Skill Requirements: • In depth knowledge of multi-jurisdictional employment law aspects of outsourcing, acquisitions and joint ventures both in respect of contractual content and negotiation strategies and HR/employment related issues • Strong experience in managing and delivering employment law projects, especially those with global reach • Familiarity with industrial relations and collective issues (including consultation), particularly across Europe. • Ability to work closely with wide range of personnel, including frequent interaction with top-level executives. • Ability to work with personnel both internally and externally across the world. • Superior drafting and negotiation skills. • Excellent oral and written communication skills. • Strategic thinker, ability to influence, strong executive presence • Able to present innovative, original solutions • Responsive and follows through on commitments • Strong time management, prioritization, and organizational skills • In depth knowledge of labor and employment law • Demonstrates sound judgment, ability to prioritize and make decisions, and identify risks before they materialize. Good executive presence and the ability to work effectively with business leaders, partners from law firms, and the senior legal officers of Accenture’s clients Accenture is an equal opportunities employer and welcomes applications from all sections of society and does not discriminate on grounds of race, religion or belief, ethnic or national origin, disability, age, citizenship, marital, domestic or civil partnership status, sexual orientation, gender identity, or any other basis as protected by applicable law”

OUR COMMITMENT TO YOU

You’ll benefit from our network of global communities and collaborative culture that will help you build technical and functional skills and capabilities. And because we serve more than 40 industries globally, you’ll have the opportunity to develop valuable industry-specific expertise.
o The scale of our capabilities and client engagements—and the unique way we innovate, operate and deliver value—will give you the opportunity to deepen your existing skills even as you help create the latest technology trends.
o You’ll have access to leading-edge technology.

CALL TO ACTION:

If you have a desire to help the world’s leading companies and governments, now’s the time to join the world’s largest and most diversified group of technology, business process and consulting professionals. Be part of a dynamic team of collaborative experts, and help us improve the way the world works and lives.

How to Apply-

https://india.jobs.accenture.com/IDCApplyforDetails.aspx?JobID=55701&WF=3&Action=A&Source=Careers&src=LINKEDINJP&_ga=2.248853063.1310588926.1627736604-1249128265.1627736604

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About Company:

Etemaad Saffron processes and distributes the world’s most valuable spice. We sell superior quality Afghan saffron directly to consumers as well as to distributors and retailers in the food and beverage industry in the U.S.A.

Our Product:

Every organic saffron product we sell is sourced from small farmers in Afghanistan, who produce what is recognized as the highest caliber saffron in the world in terms of purity and quality.

Our Mission:

Our ultimate mission is to create jobs and help small organic farmers connect with new markets while bringing saffron of unparalleled excellence to buyers everywhere.             

Job: (Volunteers)

We are looking for multiple volunteer interns to help us grow our business : –

1. Graphic designer intern
2. Product design engineer intern
3. Marketing intern
4. Technology intern
5. App developer intern
6. Lab quality control intern
7. Sales intern
8. Finance/accounting intern
9. Translation and intern
10. Data entry intern
11. HR intern
12. Legal/Law intern
13. Communication intern
14. Computer/website developer intern
15. Cyber security intern
16. Art/painter intern
17. Social media management intern

Qualified applicants:

1. High school/bachelors or higher
2. MS Office
3. English and other language a plus
4. Communication and interpersonal skills
5. Enthusiasm in learning and growth
6. Attention to details

How to Apply-

https://www.linkedin.com/jobs/view/2661982368

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The Personal Data Protection Bill, 2019 was introduced in the Parliament on December 11, 2019, and is based on the draft law presented by the Ministry of Electronics and Information Technology, by a nine-member committee of experts led by Justice B.N. Srikrishna in July 2018. A significant Supreme Court judgment to the Bill is the K.S. Puttaswamy vs. Union of India, wherein a nine-judge bench upheld the importance of the right to privacy as guaranteed under Article 21 of the Indian Constitution. The Personal Data Protection Bill, 2019 aims to protect the privacy of individuals concerning their personal data and regulates the relationship between individuals and entities that process their personal data. At the same time, it aims to create a resilient digital economy by ensuring innovation through digital governance. Key provisions of the Bill are ‘Data localization and individual consent would be required for the processing of personal data. Data Protection Officer to be appointed by the Significant Data Fiduciary, and instituting grievance redressal mechanisms to address complaints by individuals.

Key provisions of the Bill

• Applicability: The processing of data to be done within the territory of India by either the government, any individual in India or any foreign company having the data of people in India. 
• Data Fiduciary: Data fiduciaries are bound to have a transparent way of processing data, make sure the data is secured with the necessary safeguards, the data processed should have a lawful purpose, notice is supposed to be given to the individual whose data is being processed and the consent of the individual should be taken for the processing of data. 
• Consent: There are cases where the consent of the individual is not taken for the data processing. If the data is processed for any legal proceedings, by the government for the benefit of the individual, reasonable purposes. 
• Data Principal: The data principal has the right to know the information about the data fiduciary, right to erasure of data, make corrections in the data, restrict the data or remove the data (except the sensitive data)
• Data Protection Authority: The Data Authority makes sure that the data is not being misused and the processing and usage of the data is in compliance with the provisions of the Bill. 
• Transfer of Data: Sensitive personal data can be transferred outside the territory of India with the consent of the individual. Whereas the critical personal data cannot be transferred outside the territory of India.
• Exemptions: The Government has the right to remove any agency given in the provisions of the Bill, for the security and integrity of the country.
• Penalties: Penalties up to five crores for violations.

Comparison to International Conventions

• Comparing the provisions of the European Union’s General Data Protection Regulation (GDPR), Brazil’s General Data Protection Law and India’s Personal Data Protection Bill (PDPB).
• The GDPR definition of Personal Data is specific to information used to identify an individual whereas the PDPB definition of personal data is broader including profiling and interpretation of the data with any other information is in accordance with it. 
• The GDPR ensures the basis for processing, whereas the PDPB does not provide a necessary basis for the processing of data.
• The requirements for consent under PDPB are more flexible when compared to the GDPR, where there are certain contractual necessities to be fulfilled.
• In cases where the users withdraw their consent of their data, it is not specified in the new 2019 bill whether the consent would be asked as the Bill fails to address such issues. Whereas GDPR has provisions to re obtain user consent in the transition plan. 
• There are over 10 lawful bases for processing the sensitive data under the GDPR, whereas the PDPB does not have such detailed provisions.
• The PDPB allows the individual to ask the data fiduciaries to delete their data with them, but this does not include the personal data (name, email address, home address and phone number). Whereas, GDPR gives the right to the individual to ask to delete all data from the data fiduciaries.
• The Bill does not give the individual a solid right on the ownership of their data, whereas Brazil’s General Data Protection gives assured ownership to the individuals on their personal data.

Criticism 

• Even though the copy of the data is within the territory of India, the encryption keys can still be not in the reach of the national agencies.
• In every provision that gives the government power over the data, the term ‘national security’ or ‘reasonable use’ is used which is not defined in the Bill and is very vague.
• Even though the Bill aims for transparency, the Right to Information Act cannot be used to know the processing of the data by the government.
• No clear provisions on the implementation of the Bill.
• No solid ownership right is given to the data principal over their data.
• No obligations on the data fiduciaries to notify the affected individuals in case of data breach. 

Advantages 

• Data Localization can help in investigations in law enforcement agencies. 
• Cyber-attacks can be kept on check. 
• Fake news, or wrongful propagandas that is a threat to national security can be kept in check.
• Increase Data Sovereignty in the country. 
• Data localization can help in increasing tax on the internet bodies in the country. 

Suggestions

Although this bill has some loopholes or flaws that need further consideration, such as not properly attending to the concern regarding the right to privacy, ambiguity about the functioning of DPA, etc. If the government really wants this bill to be successful, then you 

• need to relax your guidelines on cross-border data transfer, the operation of the DPA in the actual sense of the word to make it independent, 
• to include retired judges of the Supreme Court or the Supreme Court and persons with experience in the field of data protection in the DPA.  
• To give the individuals full ownership over their personal data, give proper clarification on the provisions and implementation of the Bill, 
• to re obtain the consent from the user and to give RTI Act precedence in circumstances of breach or conflict. 
• Government should give lawful and reasonable exemptions to its national security agencies such as the Central Bureau of Investigation (CBI), Research and Analysis Wing (RAW), Intelligence Bureau etc. so that they can use personal and non-personal data for detection of criminals and prevention of any cognizable offence.

The article has been written by Hiranmayi Rajeev,  a 2nd-year law student at Alliance University Bangalore.

The article has been edited by Shubham Yadav, a 4th-year law student at Banasthali Vidyapith, Jaipur.

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