The government is considering a sweeping data privacy law which would mean significant changes for foreign companies doing business in India. The Personal Data Protection Bill was prompted in part by a landmark decision by the Supreme Court of India last year calling privacy a “fundamental right” under the Indian Constitution and calling on the Indian government to develop a comprehensive data protection law. The bill is closely modeled after the European Union’s General Data Protection Regulation (“GDPR”). Key provisions include granting four key rights: (1) the right to confirm whether and how their data is being used; (2) the ability to correct misleading or false data; (3) data portability, and (4) a “right to be forgotten," or the authority to restrict companies from using data they previously shared.
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