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The Government of Karnataka has recently passed a bill titled “The Karnataka Hate Speech and hate Crimes (Prevention) Bill 2025 (LA Bill No 79 of2025) . It is currently  pending Governor’s assent.

The first thing we note in this bill is that it covers both “Speech” and “Crime” and includes “Electronic Form”.

Regulating the speech  is subject to restrictions in the constitution. A law to directly curtail speech is ultra vires the Constitution Article 19.

Legislation on “Electronic  Documents” is under Information Technology Act  2000 (ITA 2000) and the powers of the State Government to legislate for the use of Electronic document is restricted to Section 90 of the ITA 2000. It does not extend to creating new Cyber Crimes under the power of the State.

Section 6 of the Act provides power to block the hate crime materials and if it is in electronic form, directly conflicts with Section 69 and 69A of the Information Technology Act 2000 (ITA 2000) and rules made there under which places such powers  with several restrictions.

For ease of understanding, we quote Section 90 of ITA 2000 here

Section 90: Power of State Government to make rules

(1) The State Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely –

(a) the electronic form in which filing, issue, grant receipt or payment shall be effected under sub-section (1) of section 6;
(b) for matters specified in sub-section (2) of section 6;

(3) Every rule made by the State Government under this section shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House.

It is clear that the powers of the State Government to legislate on the use of Electronic Documents for Governance is restricted and does not extend  to defining new Cyber Crimes and prescribing punishments.

This is considered void ab-initio.

Hence  including “Electronic” form of communication under the Bill renders the Bill illegal and liable to be struck down.

The world of Electronic Documents constitutes what is generally described as the “Cyber Space” which is recognized as an independent area of activity. Countries such as USA recognize “Cyber” as a separate command for their defence forces exactly for the reason that it represents an extension of the geographical boundaries of the sovereign country similar to the sea and air space.

Hence law of cyber space does not fall under the concurrent list and is the sole domain of the Central Government to legislate. This legislation and all legislations so far in multiple States are therefore unconstitutional and needs to be stuck down. 

A suitable petition constitutional bench in the Supreme Court needs to be considered to decide about the status of “Cyber Space” and the rights of a sovereign entity to draw Cyber boundaries and legislate for crimes there in.

Currently ITA 2000 already has established such boundaries and conditions when the extra territorial jurisdictions can be  extended to foreign territories. Such powers  under Section 75 cannot be left to be exercised by State Government and hence the Karnataka Hate Act cannot include “Electronic Documents” as instruments by which offences under the Act may be committed.

Hence there is a need to omit “Electronic Documents” from the provisions of the Karnataka Hate Bill under Section 2(i) and 2(iv).

Hence the part of the Bill that curtails speech  particularly in the electronic form is considered unconstitutional and ultravires the Indian Constitution as well as ITA 2000.

Additionally,  the punishment envisaged under the act even for the first time offender is “Imprisonment of not less than one year which may extend to seven years” and for subsequent offences can extend upto 10 years.  The offence is “Cognizable”, “Non Bailable”  and “triable by the Judicial magistrate First Class”.

Hence the offence is graded as “Heinous” and can be grossly abused by the Police. It can therefore have a “Chilling Effect” as the Supreme Court defines under the “Shreya Singhal Case”.

There is therefore an urgent need for the Bill to be withdrawn by the Assembly,  failing which to be rejected by the Governor, failing which to be struck down by the appropriate Courts.

This issue being a serious Constitutional matter,  has to be taken up by some public spirited law firm and fought in Karnataka High Court and the Supreme Court.

I hope  such people take note.

Comments are welcome.

Copy of the Bill

Refer:

https://www.youtube.com/watch?v=3YmexzlaPko

Naavi

The launch of DGPSI-GDPR is not  just another event. It is a symbol of Indian Data Protection eco system coming of age not only to be compliant with  DPDPA 2023 but also provide the guidance to the compliance of other data protection laws such as GDPR. The work has started and with the cooperation of the community we will have a framework that is acceptable as a good guidance to all companies firstly in India.

DGPSI (Digital Governance and Protection Standard of India) was developed as a guidance framework for compliance of DPDPA. It is a useful framework today for implementation of the DPDPA 2023 in an organization as well as for audit and assessment.

In India we also have many organizations who process data from outside India and most of them so far treated GDPR as the standard for Data Privacy Compliance. With the coming of ISO 27701:2025, the GDPR Compliance through ISO 27701:2025 as an independent certifiable framework also received a boost.

In this context, most organizations in India are confronted with the need to look at two compliance drives  one for DPDPA and another for GDPR.

While some would like to adapt GDPR compliance to DPDPA compliance and use ISO 27701:2025 (modified for India), an alternative is to use DGPSI and adapt it to GDPR compliance.

To facilitate this use of a Made in India framework for compliance of GDPR, DGPSI has now been extended with a DGPSI-GDPR version. This uses the 50 Model implementation specifications of DGPSI with subtle changes to be capable of meeting the GDPR requirements.

This is a a game changer in the domain of Data Protection Compliance in India and a transition point where DGPSI becomes the source framework from which compliance of Data Protection laws of other countries can be carved out.

Currently, FDPPI is working on a draft version of the DGPSI-GDPR version and the Certified Data Auditors of FDPPI will be trained to use the version for GDPR compliance as may be required.

Under DPDPA, data processing activities where process foreigner’s data under a contract are exempted from DPDPA. Such activities involving  EU data are now capable of being implemented and audited using DGPSI-GDPR. It is one of the requirements of DGPSI that personal data is classified on the basis of applicable jurisdiction and hence even where the data is currently mixed up, they need to  be segregated and a virtual GDPR processing division has to be created. Such  virtual division can now use DGPSI-GDPR as the framework for compliance.

Can an India framework take on the compliance of Global Data Protection Compliance? …will be a question in the minds of many data protection professionals.

Let us make it happen. FDPPI invites all data protection professionals in India to put in their efforts to develop the DGPSI family of frameworks to expand and provide guidance to the compliance of GDPR as well as other data protection laws in due course.

Naavi

FDPPI’s Certification program for developing DPOs and Data Auditors in India offers an online  examination for professionals to validate their knowledge and skills to be a good DPO in the Indian scenario.

While trainings are conducted by the  training partners of FDPPI from time to time (Eg: Virtual Program on December 20-21 conducted by Cyber Law College), the coveted certification of C.DPO.DA. is available  for anybody who registers for the online examination and pass through  the  cut-off marks required.

Whether you are a CIPP certified or DSCI certified or ISO certified or PECB certified or EXIN Certified or ISACA Certified you can appear for this online examination by making payment  of the prescribed fees and take the examination.

As a special year end offer, the examination for which the fee is normally Rs 25000/- is being offered at Rs 10000/- till 31st December 2025.

The material for the exam is available in the following three books

The Certification training conducted by Cyber Law College consists of 12 hours of online discussions that cover

• Legal nuances of DPDPA and the DPDPA  Rules
• DPDPA Risk Assessment and Case Study
• The Roles of DPO and Data Auditor in the DPDPA era
• Classification of DPDPA protected Data (DPD) and ROPA as a strategic tool of Compliance
• DPDPA Compliance by Default:  Technical challenges and Designing Controls
• Use of DGPSI as a Compliance Management framework
  • DGPSI Full, DGPSI-Lite and DGPSI-AI
  • DGPSI-GDPR,DGPSI HR, DGPSI Data Processor
• Comparison of DGPSI with ISO 27701
• Discussions

Besides training themselves to be DPOs in an organization, some of our trainees may emerge as independent trainers in different parts of the country under a franchise scheme of FDPPI.

FDPPI is also introducing an upgrade over C.DPO.DA. for those who want to be “Independent Data Auditors” which is a position that is likely to open up in 2027 after the Act becomes fully effective. A separate upgradation training for CIDA (Certified Independent Auditor) is being planned to be conducted in 2026 for this purpose.

For the time being it is an opportunity for interested professionals to take the C.DPO.DA. examination at the special year end price of Rs 12000/-. (Inclusive of GST)  You can register directly on the CDPODA page of fdppi.in and making a payment of Rs 12000/-. (Indicate in the description that the registration is for examination only)

Naavi

I was just recalling that on 17th December 2022, I was conferred a Life Time award for Cyber Jurisprudence in Chennai. It was a coincidence that on 17th December 2023, at Hyderabad, a “Lifetime Achievement Award for Privacy” was conferred by EndNow Foundation of Hyderabad.

These will continue to inspire me for further work in the field.

Today on December 17, 2025, I am pleased to announce officially  the release of the framework “DGPSI-GDPR” which marks the extension of the Made in India for India framework  of DGPSI for the global world. This could be the beginning of a new era of DGPSI family growing  into a global family of frameworks. This could be a self determined  life time achievement which gives satisfaction and a sense of fulfilment.

Closely followed by DGPSI-GDPR, we are adding two more extensions to DGPSI-India in the form of DGPSI-Data Processor and DGPSI-HR. DGPSI-Data Processor provides an Indian Data Processor equipping himself with a DPDPA Compliance culture voluntarily to increase his competitive position in the market. DGPSI-HR has been envisaged  for those companies who donot have  any individual customer data because they are a B2B organization, but have employee data for which they are still the data fiduciary under DPDPA 2023.

Request professionals to encourage these developments and participate in the further development of these frameworks.

December 17, 2023 Life time achievement award for Privacy at Hyderabad…Socialwood conference of Endnow Foundation

Naavi

As we look at the Data industry, there are organizations which clearly identify themselves as collectors and  processors of personal data for different purposes. They all will be Data Fiduciaries and some of them would be Significant Data Fiduciaries.

There will be another category of organizations  mostly in the SME sector who want  to be only “Data Processors” and would operate only under the instructions of a data fiduciary and want to be outside the burden of DPDPA Compliance.

However, if these organizations are having employees, then they automatically become Data Fiduciaries in respect of Employees’ data which may also include the data of past employees, rejected applicants, applicants in the process of being  onboarded as well as terminated or retired employees, who are non-employees as of date. Whether processing of their  personal data may be considered as “Legitimate Use” is debatable.

While FDPPI wants to apply DGPSI-Data Processor as a framework for evaluating the compliance of DPDPA for assuring the Data Fiduciary, the data fiduciary may have to simultaneously be DDPDPA Compliant itself since it does have the Data Fiduciary status for the employees. For this purpose FDPPI wants to introduce a simplified DGPSI-Lite framework as DGPSI-HR.

Thus  the family of DGPSI now expands to following categories.

1. DGPSI Full: 50 implementation specifications
2. DGPSI Lite: 36 implementation specifications
3. DGPSI AI : 9 implementation specifications for deployers and 13 implementation specifications for developers.
4.  DGPSI-Data Processor: with 38 implementation specifications
5.  DGPSI-HR: 31 implementation specifications
6. DGPSI-GDPR: 50 implementation specifications.

Last three frameworks are now under development and  refinement.

A day may come when  DGPSI as a family may expand to different Jurisdictional laws. It will not grow to 30000 frameworks like ISO family but may grow to around 10-15 in due course.

FDPPI is likely to focus more on these standards and related certification systems in the coming years while a sister organization may take up some additional responsibilities.

Watch out  for the developments.

Naavi

In 2022, Naavi/Ujvala Consultants Pvt Ltd had suggested “Data Importer Assurance Certification”  for Data Processors who were processing EU data in India on behalf of Data Controllers. The focus was to meet the Standard Contract Clause requirements under Cross border data transfer to the extent legally feasible in India.

With  the advent of DPDPA 2023 which imposes the burden of compliance solely on the Data Fiduciary, there is a debate on what are the responsibilities of a Data Processor in this new era of DPDPA Compliance.

At the same time, FDPPI considers that DPDPA Compliance is indirectly the duty of a Data Processor also and while the Data Fiduciary tries to add Data Protection Clauses to protect himself, unless the Data Processor considers himself as a “Deemed Data Fiduciary” the Data Fiduciary will not be able to fulfil his obligations under the Act.

DGPSI, the Crown Jewel of Compliance Frameworks already recognizes that the responsibility of Compliance in the Data Fiduciary is considered “Distributed” with all persons who process the personal data whether they are designated as DPO or not. It also recognizes that the “Whistle Blower” status is recognized even for external vendors.

Under the same principle of distributed responsibility extended to Data Processors, DGPSI considers that “Data Processors are Deemed Data Fiduciaries”.  What this means is that a Data Processor should consider himself to be a Data Fiduciary and voluntarily undertake all the responsibilities as if he is a “Joint  Data Fiduciary” whether the contract mentions so or not.

To further cement this  concept, Ujvala Consultants Pvt Ltd which is the patron member of FDPPI introduces “Data Processor Assurance Certificate” under DPDPA. Under this Certification, any Data Processor may get themselves as “DPDPA Compliant Data Processor” to increase his competitive position in the service market.

The process of certification would follow the general DGPSI principles duly simplified for the role of the processor. It would be a bit wider than the recommended 18 PIMS implementation Controls for processors under ISO 27701:2025  (Table A.2) and 29 Security controls recommended under Table A.3.

Perhaps we may call such certified Data Processors as “Emancipated  Data Processor”.

Naavi