Big Tech Lobby Demands 12-18 Months For Compliance With Data Protection Act Citing "Structural Changes"

A lobbying group representing major tech companies, including Meta, Google, Amazon, and Apple, has called upon the government to institute a transitional period lasting 12 to 18 months to ensure compliance with key provisions of the Data Protection Act, Indian Express reported.

In a formal communication addressed to IT Minister Ashwini Vaishnaw and Minister of State for Electronics and IT Rajeev Chandrasekhar, the Asia Internet Coalition proposed a one-year compliance period for companies to adapt their systems to issue consent notices to users.

The letter underlined the need for this extended duration, citing the structural changes required within organisations and businesses to adhere to these provisions, which are expected to pose substantial challenges during the transitional phase.

Furthermore, the coalition advocated for an 18-month compliance window to facilitate the implementation of the right to data erasure under the law. This right necessitates data fiduciaries to ensure the erasure of personal data belonging to data principals.

Given the novelty of this concept, data fiduciaries, both domestic and international, are likely to lack the necessary technical infrastructure for its implementation, as other data laws in different jurisdictions, such as GDPR, do not include such provisions, the letter said.

The Digital Personal Data Protection Act, 2023, was officially enacted earlier this year. However, a number of its provisions are yet to be put into effect. The government is exploring a phased approach to enforce the law, with prominent technology companies being the initial focus.

The law also heavily depends on the issuance of at least 25 subordinate rules, which are pending promulgation by the government. These rules are essential for the complete enforcement of the law.

It's worth noting that the law has preserved the contents of the original version proposed in November of the preceding year, including aspects that privacy experts had raised concerns about, such as exemptions for the Central government. In its current form, the proposed law has also granted significant censorship powers to the Central government.