Latest Updates on Privacy – June 2022 – Part I

This is a rundown of last week’s updates on Privacy:

Changes proposed to IT Rules 2021 allowing overriding of social media accounts

A draft seeking amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 has been proposed by the Central Government. The draft imposes a greater burden on social media companies to set up a vigil mechanism and ensure its compliance while dealing with illegal and inflammatory content. A Grievance Addressal Committee (GAC) is also proposed to be set up by the Central Government to hear appeals against the orders of the grievance officers of a company who order for removal of any content.

Global tech players object to new CERT-In Directions

Eleven associations from the global tech industry have written a letter to the Computer Emergency Response Team in India (CERT-In), requesting them to revise the new infosec reporting and data retention rules, suggesting that such rules will make it difficult for foreign entities to conduct business in India. The letter raises objections against the requirement of reporting over 20 types of infosec incidents within six hours of detection claiming it to be unreasonable. It also states that storing consumer data for over 5 years is a cumbersome task and creates a security risk. No comments have been made by CERT-In on the contents of the letter.

California Privacy Protection Agency proposes draft CPRA Regulation

The California Privacy Protection Agency recently released draft regulations to the California Privacy Rights Act (“CPRA”). These regulations require the covered businesses to respect opt-out signals sent through browser settings as effective communication of user preferences in order to facilitate consumers exercising their right to opt-out of “sharing” personal information, guaranteed under the CPRA. These regulations also extend the right of a consumer to request and receive copies of information provided to businesses. Further, obtaining the consent of consumers using a “dark pattern” will have the effect of nullifying such consent, as per the provisions of the regulations.

Authored by Rohan Jacob (Associate) and Snigdha Saraff (Intern).

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