Reference Text
Time Left10:00
Srikrishna
Commitee
and
draft
data
bill
show
the
way
ahead,
but
lose
GPS
signal
on
some
stretches.
The
roadmap
towards
securing
citizens'
sovereignty
over
their
data
and
fundamental
right
to
privacy
has
been
set
down
by
the
Srikrishna
Committee
report
and
the
draft
Data
Protection
Bill.
But
potholes
remain,
roadworks
will
be
in
progress
for
a
long
time
yet
many
details
must
be
worked
out
through
case
law
and
the
bill
is
hardly
bulletproof,
though
it
seems
to
draw
inspiration
from
Europe's
cast
iron
General
Data
Protection
Regulation
(GDPR).
The
bill
defines
the
essentials
of
a
regulated
and
uniform
data
ecosystem,
on
the
lines
of
the
GDPR,
laying
out
the
conditions
under
which
data
may
be
collected,
stored
and
processed,
consequent
fiduciary
responsibilities
and
penalties,
and
the
appointment
of
data
protection
overseers.
It
also
interprets
personal
data
in
an
open
ended
manner,
to
include
identifiers
like
caste,
religion,
political
beliefs
and
associations,
gender,
health
and
financial
data,
official
identifiers
everything
that
can
be
cross
indexed
to
arrive
at
the
identity
of
an
anonymised
person.
The
notion
of
informed
consent
is
central
to
the
collection
and
processing
of
data.
However,
there
are
significant
departures
from
the
GDPR.
Most
egregious
is
the
infiltration
of
'reasonableness'
and
'practicability',
which
have
proved
to
be
the
landmines
of
Indian
legislation,
particularly
the
Income
Tax
Act.
Since
what
is
reasonable
and
practicable
is
discretionary,
the
door
is
opened
to
corruption
and
unnecessary
case
law.
India
has
been
online
for
over
two
decades
and
the
contexts
in
which
these
terms
will
be
read
are
clearly
understood.
Spelling
them
out
would
have
reduced
the
burden
of
the
courts.
Besides,
while
recognising
the
right
to
be
forgotten,
which
was
established
by
Spanish
case
law
years
ago,
the
draft
is
silent
on
the
right
to
deletion,
which
is
as
important.
But
most
significantly,
while
specifying
a
credible
deterrent
of
4
per
cent
of
global
turnover
for
corporate
fiduciaries
who
violate
data
security,
it
leaves
the
state
fairly
free
to
do
as
it
will.
Section
15
of
the
draft
surrenders
the
right
to
privacy
to
matters
of
national
interest
which,
like
the
question
of
reasonableness,
are
left
uncalibrated.
The
state
retains
unbridled
powers
to
collect
and
process
data,
without
the
need
for
consent,
for
the
national
interest,
which
it
is
allowed
to
define.
Such
blanket
permissiveness
can
have
pervasive
implications.
The
Supreme
Court
may
be
hearing
the
Aadhaar
matter
pointlessly,
if
the
law
that
follows
from
the
Data
Protection
Bill
allows
the
government
to
declare
that
the
collection
and
processing
of
Aadhaar
data
is
in
the
public
interest
and
therefore
non
consensual.
The
draft
and
report
are
steps
in
the
right
direction,
but
they
are
not
giant
strides.
Much
case
law