Prescriptive or Outcome Based? A Comparative Analysis of India’s Personal Data Protection Bill and European Union’s GDPR
Prescriptive or Outcome Based? A Comparative Analysis of India’s Personal Data Protection Bill and European Union’s GDPR

Author(s): Rupal Rautdesai, Sudipta Chakraborty, Shashikala Gurpur
Subject(s): Law, Constitution, Jurisprudence, International Law, EU-Legislation
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: GDPR; Personal Data Protection; Privacy; Right to be Forgotten; Sensitive Personal Data
Summary/Abstract: The concern regarding privacy started with the increase in the use of advanced technology related to computers and the internet. The data and information created, sent, shared, and stored in these digital files through the advanced technologies and platforms are prone to cyber-attacks leading to breach of privacy and making sensitive personal information and data public. These concerns have led many countries to adopt data protection laws, to protect the right to privacy on one hand, and to regulate the businesses that gather, store and sell such data for commercial gains, on the other hand. The authors in the research paper have discussed privacy as a construct, then its transformation, its connotations and operation in the Information and Communication Technologies World. Further, they have discussed, compared and analysed how the issues pertaining to consent, right to be forgotten and handling of sensitive personal data have been addressed in the European Union’s General Data Privacy Regulation with the Personal Data Protection Bill, 2019, of India. The authors conclude on the ever-changing concept of privacy also on how the relevant issues have been addressed either through the prescriptive or the outcome-based provisions of both the GDPR and the PDPB, 2019.

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