The awaited Data Protection Bill may be introduced in this session of Parliament! Why do we need a data protection law you ask? Remember the #SaveOurPrivacy campaign videos? Now is a good time to revisit them!
1/10 Image
Let’s go back in time a little to see how far India has come. On August 24, 2017, the SC upholds the right to privacy in India in Puttaswamy. #PrivacySupreme indeed.
eff.org/deeplinks/2017…
During the course of the hearings in the SC the Govt scurries; It sets up the Srikrishna Committee to frame a Data Protection Law, headed by Retd. J. Srikrishna.
economictimes.indiatimes.com/news/politics-…
On July 27, 2018, the Srikrishna Committee produces not only Data Protection law but also Srikrishna Report. Various aspects of the Bill create numerous causes for concern.
bloombergquint.com/law-and-policy…
Civil society floated a Model Privacy Code to highlight significant aspects that the Draft Bill lacks. This is called the Indian Privacy Code, 2018. #SaveOurPrivacy
All the way to November, 2019, news reports emerge that the Government Bill has been listed to be introduced in the Winter Session, after waiting for months to get the seal of approval.
business-standard.com/article/pti-st…
Now that we’ve got the timeline straight, let’s tackle the Bill as first proposed by the Srikrishna Committee. Why is not sufficient? Here’s a little snippet -
Like in the previous video, there are some major hits and misses. The Bill affords wide exceptions, cumbersome storage requirements, does not address surveillance & negates the power of the RTI Act.
hindustantimes.com/opinion/draft-…
One of our major concerns have been with surveillance. Here’s a great article by @VrindaBhandari on the Bill missing out on this reform.
thequint.com/voices/opinion…
@VrindaBhandari As the Bill makes its way in Parliament, the newly formed Parliamentary Standing Committee on IT will play an important role. There is no clarity on the current content of the Bill and previous concerns yet need addressing. Necessary therefore to refer it to the Committee. 10/10

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More from @internetfreedom

May 7
🚨 On May 4, 2024, a massive breach in @tnpoliceoffl’s Facial Recognition (FRT) Portal exposed over 8,00,000 lines of data—which include 50,000 facial IDs, personal information of police officers, & details of crimes, police stations, & FIRs filed. 🚨🧵1/8
The FRT software, developed by CDAC-Kolkata and hosted on TNSDC, which was storing facial images alongside personal details of suspected, accused, & incarcerated persons, was compromised—and the list of data leaked from it is disturbingly long. ⬇️ 2/8
FRT is an extremely invasive & dangerous surveillance tool which poses direct threats to privacy, especially at the hands of law enforcement. Police forces are able to amass & process large volumes of sensitive facial data without any checks, consent, transparency, or procedural safeguards. 3/8
Read 8 tweets
Apr 4
Been hearing some chatter around #DigiYatra? As scary questions about ownership, transparency, and data flow emerge, here is a quick rundown of everything we know about the service, and more importantly, everything we don’t. 😶‍🌫️🧵1/7
1️⃣Who owns DigiYatra?
In 2019, @MoCA_GoI passed on DigiYatra's operations & data ecosystem to a *private company* created for this very purpose – DigiYatra Foundation. DYF is a joint venture between 5 Indian airports (public-private, 74% stake) & @AAI_Official (public, 26%). 2/7
2️⃣ Such a public-private venture must be answerable to citizens?
Not exactly. Neither DYF nor its security audit agency @IndianCERT fall under the RTI Act. It cannot, technically, be forced to disclose any information on its data practices & security. 3/7
medianama.com/2023/03/223-ci…
Read 8 tweets
Mar 22
Were you among the millions of @WhatsApp users who got a DM from ‘Viksit Bharat Sampark’? 🫠🫠

The account, seeking feedback on government initiatives, is now barred by the Election Commission from sending messages.
But several concerns persist… (1/10)
internetfreedom.in/whatsapp-messa…
The message, accompanied by a letter from the PM, listed the various schemes and initiatives introduced by the incumbent government and was, in many cases, sent after the ECI released its Model Code of Conduct for upcoming elections. (2/10)
It stirred a storm and how…
First, we wonder how exactly did MeitY secure the contact information of such a large number of people and when/how did it begin using this information for outreach purposes? (3/10)
Read 10 tweets
Mar 20
🚨🚨
Statement:

@GoI_MeitY has notified the @PIBFactCheck of the @MIB_India as the fact-checking unit (FCU) under the IT Amendment Rules, 2023.

The notified FCU will be empowered to flag online “false”, “fake”, or “misleading” information related to the Union govt. 1/9 🧵 Image
The establishment of the FCU less than a month before the country heads for the #GeneralElections2024 could vastly affect the nature of free speech on the internet as it holds the potential to be (mis)used for proactive censorship, most importantly in the context of dissent. 2/9

Link to the PDF:
.content.internetfreedom.in/api/files/divc…
This notification follows the March 13 decision of the Bombay HC, where the Bench refused to restrain the setting up of an FCU until the third Judge decides on the constitutionality of the 2023 Amendment.

This effectively allowed the Union govt to operationalise the FCU, despite its constitutionality being under deliberation before the High Court. 3/9

Read 9 tweets
Mar 12
‼️Indian Railways has floated a tender for the installation of 3.3L facial recognition-enabled CCTV cameras inside railway coaches with a central face-matching server to surveil & identify passengers (adults & children) to ‘curb crime’. (1/7)

internetfreedom.in/indian-railway…
@amofficialCRIS invited tech providers to install FRT-enabled tech with ‘video analytics’ to identify faces & send them to a ‘face matching server’. This lacks legal safeguards, creates a fertile land for misidentification & staff bias, & fails Puttaswamy criteria. (2/7)

CCTV systems enabled with FRT operate in regulatory limbo as there is no legislative basis to use it to combat crime. & there’s the currently inoperational DPDPA which may not adequately regulate CCTV and FRT, leaving individuals' sensitive facial data vulnerable to misuse. (3/7) Image
Read 8 tweets
Mar 1
🚨🔊May I have your attention please. @RailMinIndia is planning to install over 3.3 Lakh facial recognition-enabled CCTV cameras inside 44,038 train coaches across India… and our right to privacy is about to depart from platform number five. 🔊🚆1/7
medianama.com/2024/02/223-in…
With an intent of enhancing security for passengers in trains, @amofficialCRIS has floated a tender for installing CCTV surveillance systems enabled with ‘video analytics’ & facial recognition in coaches & at exit/entry points. 2/7
medianama.com/wp-content/upl…
A face image cropping tool built into the 4 entry/exit CCTV cameras will identify faces of passengers from the camera’s live feed & send the metadata to a central ‘face matching server’ in real time. This ecosystem will collect & store facial data of adult & child passengers alike. 3/7
Read 7 tweets

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