Tuesday, September 4, 2018

18 September 2018: Effective Enforcement of a Data Protection Regime: A model for risk-based supervision using responsive regulatory tools

Malavika Raghavan
Dvara Research

Abstract:
Enforcement of data protection regulations present some unique challenges, like a market-wide enforcement perimeter and difficulty in identifying contraventions of laws or regulations and harm caused by such contraventions. Taking these factors into consideration, we propose a model of enforcement based on risk-based supervision and the use of a range of responsive enforcement tools. This model attempts to move away from a focus on post-data breach sanctions and considers how the regulatory community might act to minimize contraventions of the data protection regime. As part of this model, we propose a methodology to identify those entities which potentially pose a higher level of risk, to both individuals and the system, when personal data held by them is breached. We also have set out a range of enforcement tools that the regulator may utilize to both prevent and mitigate the effects of a compromise of individuals personal data, as well as some features of institutional design and intersectoral co-ordination required for effective enforcement.

Discussant:
Anirudh Burman, NIPFP

Date: September 18, 2018
Time: 04:30 P.M.

Venue:
Conference Hall, Ground Floor
R&T Building
National Institute of Public Finance and Policy,
18/2 Satsang Vihar Marg, Special Institutional Area,
New Delhi-110067(INDIA)

Location:

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Note:
Those who are interested may please confirm your participation at latha.balasubramanian@nipfp.org.in

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