What’s Shaping India’s Policy on Cross-Border Data Flows?

The paper discusses how India’s unique position on cross border data flows is being shaped by a mix of evolving domestic priorities and the multiple identities that the country straddles on the international stage. It analysis outlines the actions and instruments shaping India’s current and proposed restrictions on cross-border data flows followed by an overview of the drivers of data flow restrictions in India, as laid out in expert committee reports, regulatory directives, and other policy documents. Next, the paper widens the lens of analysis from a local perspective to a global one by outlining the strategic and geopolitical dimensions of India’s participation in international conversations on data flows. It also looks beyond the issue of commercial data transfers to focus on the actions India has taken to facilitate law enforcement access to data through mechanisms like mutual legal assistance treaties (MLATs)