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Abstract

In today's global economy, and particularly for India, the importance of strong, enforceable, and internationally interoperable data protection standards cannot be underestimated. While India has adopted various sectoral laws and policies for securing data protection, most significantly the Information Technology Act and the Rules thereunder, a holistic national legislation on privacy rights is absent. Such an attempt can be seen in the October 2012 Report of the Group of Experts on Privacy, which sets out nine National Privacy Principles. This paper examines the Report in the backdrop of the privacy principles of the APEC and the Information Technology Rules in light of the Cross-Border Privacy Rules. It concludes that if India is to become a member of APEC, while the principles in the Report reflect many of the principles central to the APEC privacy framework, it must expand a few aspects of its privacy requirements under the Rules to align them more perfectly with the Cross-Border Privacy Rules.

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