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Concerns with data protection law

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December 07, 2017

What is the issue?

  • Union government has appointed a committee headed by Sri Krishna to draft a uniform data protection law.
  • It has released a white paper as part of its mandate. Click here to read its highlights.
  • However, there are concerns over India’s dependence on imported digital technologies.

What are the challenges with data protection in India?

  • Major players in the digital economy are based in abroad and export data to other jurisdictions, which is difficult to regulate.
  • For eg. Operating system designed in US and a mobile phone manufactured in china cannot be regulated by single uniform data protection law.
  • India cannot afford to maintain data centres for a regulated data usage and sharing, since it require huge investments.
  • State and central governments will also need to spend substantial amounts on physically securing these installations.
  • India is better off relying on servers located elsewhere, while gaining in connectivity and access to high-quality digital products.

What are the concerns with Uniform data protection law?

  • Data protection policies – There cannot be single data protection policy like followed in Aadhaar act due to presence of hundreds of private players.
  • In Aadhaar case, UIDAI is the only custodian of data and secure lines that store and transport them.
  • Sensitive personal data – the definition of “sensitive” information needs to be re-evaluated in the light of India’s socio-economic context.
  • Manufacturer’s policy - Few Chinese smart phone manufacturers acknowledges it may transfer the data of users to locations with no data protection laws at all.
  • End User License Agreement merely suggests it will provide “similar and adequate” levels of protection as the country of origin.
  • But how would Indian regulators ensure that the data of citizens is treated uniformly is a threat here.

What are the areas data protection law needs to concentrate?

  • Current data protection rules under the Information Technology Act urgently need an update and should reflect modern trends.
  • India should enact safeguards for data collected through known points of vulnerability in its digital economy like phone’s camera software, public Wi-Fi spots,etc.
  • India’s data protection laws should not foreclose options for its own software developers who need country and community specific data as they build products tailored for the digital economy.
  • A modest solution could be to allow companies to pursue independent data protection policies (guided by baseline norms), but monitor their enforcement through a national, multi-stakeholder agency.

 

Source: The Hindu

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