#Datacracy | India’s new #DataProtectionBill makes a good show of user rights — but can it deliver on its promises?



By @pabsgill
@internetfreedom @pabsgill India’s Personal #DataProtectionBill, 2019 is likely to be placed in front of Parliament sometime this month. The underlying goal of the proposed laws is to assign rights to users over the collecting, storage and usage of their information.

#Datacracy @internetfreedom
@internetfreedom @pabsgill When it comes to #dataprivacy it looks like users have every option available to them except for the one they want — control over their data. This includes knowing who’s collecting data, where it’s being stored, how it’s being used and what can be done if it's misused instead.
@internetfreedom @pabsgill There have been one too many instances where personal information, anonymised or not, has been used with bad intentions. One prominent example from recent history was #CambridgeAnalytica’s use of data from #Facebook to profile voters during the 2016 US Presidential election.
@internetfreedom @pabsgill With the recent increase in cyber crimes, the government of India is coming up with its own data protection laws, which officials claim is based on the European Union’s General Data Protection Regulations (GDPR).

#Datacracy #DataProtectionBill
@internetfreedom @pabsgill Any data that can identify an individual — either directly or indirectly — is covered under the #DataProtectionBill, 2019. This includes names, addresses, financial information, IP addresses, cookies, device IDs and other data.

@internetfreedom @pabsgill The bill outlines that an organisation needs to tell an individual from before collecting or using their data.

#DataProtectionBill #Datacracy
@internetfreedom @pabsgill The exceptions to this are if the data is processed under law or court order, for purposes related to employment or for a ‘reasonable’ purpose specified by the Data Protection Authority (DPA) — the nodal organisation that will be looking after the entire framework.

@internetfreedom @pabsgill There is still considerable scope for a user’s data to get collected without their consent. The only difference is that instead of a private company exploiting your personal details, it will be the government with little in its way to stop overreach.

#Datacracy #DataProtection
@internetfreedom @pabsgill In the case of data misuse, users had to file a complaint under the Information Technology Act, the Indian Penal Code, Consumer Protection Act, Indian Contract Act or look to sectoral regulators until now.

#Datacracy #DataProtectionBill
@internetfreedom @pabsgill Critics claim that the government has too much power to appoint and remove members at its discretion. This also implies a level of ability to influence the members of the DPA and the underlying committee.

#Datacracy #DataProtectionBill
@internetfreedom @pabsgill The Hobson’s choice in front of internet users in India is whether they’re okay with information being used by private companies to make a profit or to hand data over to the government with whom many are facing a trust deficit.

#Datacracy #DataProtectionBill

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