Transborder Flow of Personal Data: Comparing the EU-India Approaches and a Possible Cooperation Framework

OSULA, Anna Maria and Aniali KAUSHIK. Transborder Flow of Personal Data: Comparing the EU-India Approaches and a Possible Cooperation Framework. Indian Journal of International Law. 2020, vol. 60, 1-2, p. 1-21. ISSN 0019-5294.

Basic information

• Original name: Transborder Flow of Personal Data: Comparing the EU-India Approaches and a Possible Cooperation Framework
• Authors: OSULA, Anna Maria (233 Estonia, guarantor, belonging to the institution) and Aniali KAUSHIK.
• Edition: Indian Journal of International Law, 2020, 0019-5294.

Other information

• Original language: English
• Type of outcome: Article in a journal
• Field of Study: 50501 Law
• Country of publisher: India
• Confidentiality degree: is not subject to a state or trade secret
• WWW: Open access časopisu
• RIV identification code: RIV/00216224:14220/20:00125624
• Organization unit: Faculty of Law
• Keywords in English: personal data; transborder flow; EU; India
• Tags: rivok

Abstract

The regulation of transborder flow of personal data is a global challenge to which countries and regions have responded to differently. While the protection of personal data is important, too many restrictions and regulations may impede trade and commerce. At the same time, compatibility between various frameworks and approaches is important to facilitate transborder flows of personal data, carried out for commercial purposes or cooperation between public authorities such as law enforcement. The General Data Protection Regulation (GDPR) is in place in the European Union (EU). The Personal Data Protection Bill (PDPB) 2019 is about to be passed in India. In light of close relations between EU and India, it is important to examine significant differences between these frameworks in terms of for example, conditions for data processing, data subject rights, localization, breach handling, audit requirements. This article attempts to study the major challenges between the EU and India in transborder data flows and also suggests options for a possible cooperation framework. It is hoped that this paper would be relevant for policy makers and researchers working on data protection issues between the two geographies and help in closing the gap for reaching a common understanding on the regulation of transborder data flows.

Links

• EF16_019/0000822, research and development project: Name: Centrum excelence pro kyberkriminalitu, kyberbezpečnost a ochranu kritických informačních infrastruktur