New standard established for securing consent in data processing

In a move to bolster transparency and user autonomy in data management, a new standard has been established for securing consent when processing personal data. This initiative mandates that entities seeking consent for data processing must provide an independent notice, designed to be straightforward and accessible for users, ensuring clarity in their data handling processes.

This significant shift entails that each request for consent is either preceded or accompanied by a standalone notice. The format of this notice is carefully structured, intending to be easily understandable. It provides a comprehensive list of what personal data will be processed and details the specific purposes for which this data is intended. Furthermore, it assures users that only necessary data will be collected, aligned strictly with the stated objectives. Crucially, the notice specifies the duration for which the data will be retained or the point at which the processing will conclude.

Enhancing user comprehension, the notice includes information on any goods or services that might be offered as a result of the data processing, as well as benefits the user might receive. User rights are clearly enumerated, allowing individuals to understand how they can manage their personal data effectively.

A pivotal aspect of this new framework is the inclusion of a link directing users to the entity’s website or app, offering functionalities to withdraw consent with ease, access and correct their data, or register complaints. Users are also provided the option to appoint a third party to manage these processes on their behalf. Should a user need to escalate a complaint, the notice provides clear instructions on contacting the Data Protection Board of India.

The notice is designed in a format that is independently storable by the entity, separate from other data. This ensures users can save or maintain a copy for their records. A ‘Consent Artifact’ might be utilized to communicate this notice and collect user consent efficiently. This ensures that the process remains user-friendly while meeting legal requirements.

After users provide consent, it is obligatory for entities to retain the notice until the end of the data processing period. Even after this period, the consented notice is to be preserved for any future legal contingencies, such as lawsuits, appeals, or other applications pertaining to the data involved.

These new guidelines underscore a significant advancement in privacy and data protection, aimed at empowering users with clear control over their personal information while holding entities accountable for transparent data practices.

Source: Noah Wire Services