Arbitration In Data Protection Regime In India

Shreya Saini, LL.M., Jindal Global Law School

ABSTRACT

This research study investigates the role of arbitration in India's data protection regime. With the rapid evolution of digital technology and growing privacy concerns, data protection has become an essential component of regulatory frameworks around the world. The passage of the Personal Data Protection Bill, 2019, in India, demonstrates the growing importance of protecting personal data and strengthening privacy rights. Along with this advancement, arbitration has grown in popularity as an alternate conflict settlement tool. The study analyzes the junction of arbitration with India's data protection regime, focusing on the potential benefits and limitations of utilizing arbitration to address data protection disputes. The study investigates the significance of the Personal Data Protection Bill in developing a complete framework for protecting personal data, as well as the need to include alternative dispute resolution procedures such as arbitration. In addition, the study delves into the benefits of arbitration, such as flexibility, anonymity, and specialized knowledge in dealing with data privacy concerns. It also discusses the obstacles of using arbitration in this context, such as the need for arbitrators to have a thorough understanding of data protection regulations and the applicability of arbitration for various forms of data protection disputes. The outcomes of this study emphasize the significance of a healthy interaction between arbitration and India's expanding data protection regime. The paper suggests the need for clear rules and procedures to govern the use of arbitration in data protection matters, while ensuring the protection of individuals' privacy rights.

Keywords: Arbitration, Data Protection Regime, Personal Data Protection Bill, Alternative Dispute Resolution, India