Statement by India under Agenda Item 3, Interactive dialogue with Special Rapporteur on the Right to privacy, at the 61st Session of the Human Rights Council (23 Feb - 31 Mar 2026), delivered by Mr. Kshitij Tyagi, Counsellor, Geneva, 11 March 2026
Thank you, Mr. Vice President,
We thank the Special Rapporteur for her report on the important subject of international collection of personal data.
India recognises that the cross-border nature of data flows creates regulatory gaps that leave individuals unprotected. The report rightly distinguishes between international data transfers and international data collection: a distinction that existing frameworks have not adequately addressed.
India has taken significant domestic steps in this regard. The Digital Personal Data Protection Act 2023 establishes a comprehensive framework that applies to processing of digital personal data outside the territory of India as well, if such processing is in connection with any activity related to offering of goods or services to Data Principals within the territory of India. This provision addresses the impunity gap the Special Rapporteur has identified.
India underscores, however, that any international framework must respect the sovereign right of States to regulate data within their jurisdictions, reflect the diversity of national legal systems, and avoid approaches that disproportionately burden developing countries, or put them at a disadvantage.
We would like to ask the Special Rapporteur: In the absence of a binding international treaty, what interim cooperative mechanisms between data protection authorities does she consider most effective in addressing jurisdictional gaps in the international collection of personal data?
Thank you.
***
