Thread by @internetfreedom

Yesterday, we joined the #DigitalLawsAsia discussion to talk about threats to free expression in India. Today, we are back to talk about the importance of data protection and surveillance reform in a world where our smartphones know us better than ourselves. 1/n

India currently does not have a data protection law and the proposed Bill which is being evaluated by a Joint Parliamentary Committee grants wide exemptions to the govt and fails to provide adequate independent oversight. 2/n #DigitalLawsAsia

Here is our submission to the Joint Parliamentary Committee highlighting problems in the proposed Personal Data Protection Bill. 3/n #DigitalLawsAsia

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Want to know what a model privacy law for India could look like? Check out the Indian Privacy Code by the #SaveOurPrivacy campaign which was created by volunteers and revised based on public comments. 4/n #DigitalLawsAsia

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A version of the Indian Privacy Code was also introduced as a private member’s bill in Parliament by @WriterRavikumar in 2019. 5/n #DigitalLawsAsia

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In addition to parliamentary advocacy, we have also approached courts seeking surveillance reform and challenged the constitutionality of S.69, IT Act which empowers the govt to conduct electronic surveillance without any judicial or parliamentary oversight. 6/n #DigitalLawsAsia

Read more about this case which led to disclosure of the government's Standard Operating Procedure for electronic surveillance here. 7/n #DigitalLawsAsia

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During the COVID-19 pandemic, the govt has expanded its surveillance infrastructure through apps like Aarogya Setu which claim to be voluntary but are mandatory for all practical purposes. 8/n #DigitalLawsAsia

Here is a comprehensive working paper on COVID-19 surveillance in India which spans 88 pages. 9/n
#DigitalLawsAsia



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Aarogya Setu has been one of our top priorities in the past few months and we have analysed the app’s data sharing protocol in detail to explain why it does not protect your data despite using all the right buzzwords. 10/n #DigitalLawsAsia

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And Aarogya Setu isn’t the only invasive surveillance project being rolled out during the pandemic. The govt has also issued a tender for wearable tracking devices which are termed as a patient tracking tool but will be used for national security purposes. 11/n #DigitalLawsAsia

Here is an explainer on the BECIL tender which should concern us all. 12/n #DigitalLawsAsia

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These surveillance technologies are operating in a legal vacuum because the Personal Data Protection Bill is yet to be enacted and the IT SPDI Rules 2011 are limited to body corporates and do not apply to govt agencies. 13/n #DigitalLawsAsia

For instance, NCRB has issued a tender for an Automated Facial Recognition System and claimed that a cabinet note from 2009 is the legal basis for the project. 14/n #DigitalLawsAsia

The deadline for the tender has been extended several times and we have continued engaging with NCRB about the illegality of such a project in the absence of any parliament enacted legislation. 15/n #DigitalLawsAsia

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Indian internet users are particularly vulnerable to data breaches because S.43, IT Act fails to draw a distinction between malicious hacking and good faith vulnerability disclosure. As a result, security researchers are constantly at risk of penal action. 16/n #DigitalLawsAsia

Here is an explainer on why security researchers need more bug bounties and less vexatious lawsuits. 17/n #DigitalLawsAsia

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The proposed amendments to the Intermediaries Guidelines also raise privacy concerns because they contain a "traceability" requirement which could undermine encryption. Encryption has even become a hot button issue before courts. 18/n #DigitalLawsAsia

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Join the #DigitalLawsAsia discussion hosted by @APC_News and tell us which laws and cases do you think we should focus on which could threaten online privacy of internet users! 19/n