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India’s new draft Digital Personal Data Protection Bill (DPDP), 2022 is under intense debate. Privacy activists and legal scholars worry that the draft is headed in the wrong direction, with the government giving itself too much power to collect data and spy on people. Data governance is becoming more complex and stakeholders are increasingly struggling to find common ground. There are two types of data fiduciaries – private and government. The most fundamental ideological question about how to regulate data is who will have the last word – the state or Big Tech. The only reasonable answer to that question is that the state should have final authority. Governments around the world are asserting their authority over Big Data. The draft DPDP Bill reiterates the authority and sovereignty of the State on all questions related to data, including issues relating to trade. Some critics argue that this is state encroachment in disregard of individual privacy. Before I present my views, here’s a quick survey of the debate so far.
Regarding the collection, purpose, storage and use of data – for an overview of the draft, see here, On all four points, the draft tilts the scale in favor of data fiduciaries against data principals, the piece suggests.
Bill gives wide powers to the stateBecause there are many vague and broad provisions and definitions that leave scope for interpretation, and the powers to make rules and appointments rest with the government.
For an even more detailed description of the power claimed by the state, specifically for surveillance, see look at this,
According to retired Justice BN Srikrishna, who proposed the first draft of the Personal Data Protection Bill in 2018, the latest says the fourth draft is fundamentally flawed as it encourages the executive to act arbitrarily and violate fundamental rights. Can do. privacy of personal data. He thinks that the proposed regulator will be a puppet of the government and will have no independence. Excerpts can be found here,
Junior Minister for IT, Rajeev Chandrasekhar thinks These concerns are misplaced. He said the proposed data protection board would be independent and there would be no government official on the board.
Despite all the disadvantages, including the very real risk of data being used by the state to control citizens, it would still be better than allowing private entities to be unregulated custodians of all data, and free to use as they see fit. Let’s make you happy. technologies that they have. How the state should conduct itself in dealing with data is a more complex question. With or without legislation, the state does many things, including surveillance, enforcement of the national interest and security. In fact, the same runaway explosion of technology and digital connectivity that spawned this privacy debate creates conditions that may allow one person to develop into a threat to society as a whole. To remove the potential threat from a single individual, the entire society becomes the target of surveillance.
India made a law in 2019 which allows an individual to be declared a terrorist – till then, only organizations can be declared as terrorists.
Creating and enforcing widely agreed limits on data collection and use is equally difficult, though necessary. Some critics have suggested that concepts such as national security should be narrowly defined, but that is easier said than done. We are left with worse and worse options. An interconnected existence using technologies that increasingly few people have the ability to fully understand makes us all vulnerable to its dangers.
target on nitish
Bihar Chief Minister Nitish Kumar | Photo Credit: PTI
Bihar has been in focus, and this week we have two pieces that detail the political line drawn last week – the ongoing churn in caste dynamics in the state that has largely benefited the BJP at the expense of Nitish Kumar. Mr. Kumar’s JDU and RJD are likely to merge in the coming months, but this is unlikely to result in a clean aggregation of votes.
Nitish Kumar is facing two challenges – one is the ambivalent support of the Yadavs, who do not support him as much as they support the RJD; have two potential division Among his own Kurmi community.
federalism path
Photo has been used for representation purpose only. , Photo Credit: Ritu Raj Konwar
Border Tension – India-China; Maharashtra-Karnataka, Telangana-Karnataka
there are fresh strain between India and China, this time in the Tawang sector on the eastern side of the border.
Even within India it is not always easy to demarcate. least 14 villages of Maharashtra are situated on the border of Telangana Seeking to join later. They are apparently ‘attracted’ to development and welfare schemes, including Rythu Bandhu, Dalita Bandhu, Rythu Bima, and free power supply to farmers, in Telangana Chief Minister K.K. Started by Chandrasekhar Rao.
Union Home Minister amid border dispute between Maharashtra and Karnataka Amit Shah met the Chief Ministers of both the states and asked them not to claim any territory or make any demands till the Supreme Court pronounces its verdict.
stalin sings tamil tune
Chief Minister MK Stalin at the 96th annual convention and concert at Sangeet Academy, Chennai. , Photo Credit: Raghu R
‘Whether it is devotional music or film music or light music or pop and rock music, it should be in tamil, This is my wish,’ said the Tamil Nadu Chief Minister while inaugurating the 96th annual convention and concert of the Music Academy.
Meanwhile, Mr. Stalin has promoted his son to the cabinet and no one is protesting. They have given party tickets to the children and relatives of almost all DMK regional satraps, leaving them no room to complain now, This piece explains.