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14 Jul, 9 tweets, 4 min read
In our weekly series #PrivacyOfThePeople, the IFF team critically looks at India's incoming data law and how well (or not) it protects vulnerable populations, and the data you constantly log in.

This week, we're looking at your healthcare data👇🏾 1/n

internetfreedom.in/will-indias-he…
So what exactly is healthcare data?

There are two types — personal, relating to your health conditions, & non-personal, where data is aggregated + anonymised. And there's an increasing interest in collecting this — for supposed effectiveness & better resource utilisation! 2/n
With the amount of health data India generates, protecting them is an uphill battle! In fact, between 2009 and 2020, 3,705 healthcare data breaches of 500 or more records have been reported.

So we have to ask: Is the incoming data law up to the task? 3/n

hipaajournal.com/healthcare-dat…
Healthcare data is among the *most* valuable data you generate. The value of medical records on the web surpasses that of social security and credit card numbers!

Hackers are interested, and India doesn't have a great track record with data breaches. 4/n

thewire.in/health/hackers…
A number of things can happen with this data: Coercion, extortion, & identity theft are common.

And even if your data is anonymised to be sold, you can still be identified. You have little control, and insurance companies will target you mercilessly. 5/n
protenus.com/resources/2020…
So what does the #PDPBill say? It is silent on non-personal & anonymised data.

That's a problem: besides protecting personal data, it also needs to thoroughly regulate non-personal data. Why? Because true anonymity is impossible in today's internet. 6/n

internetfreedom.in/unconstitution…
India's incoming data law also fails to defend against data breaches! In case of a breach, the data collector must inform Data Protection Authority but it is NOT required to contact you, the person generating the data. There are no penalties either. 🤨 7/n
financialexpress.com/lifestyle/heal…
So in short, here's what we must do to protect our sensitive health data:

⚕️ Clearly identify the need, purpose, and safeguards for its collection.
⚕️ Protect non-personal data.
⚕️ Strengthen anti-breach frameworks.

Read in detail, and RT to share👇🏾 8/n

internetfreedom.in/will-indias-he…
Keep us going! IFF advocates for your fundamental and digital rights, and our work is fully funded by the people of India.

Become an IFF member today and join the community ⬇️

internetfreedom.in/donate/

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More from @internetfreedom

Internet Freedom Foundation (IFF) Profile picture
13 Jul
Can Facebook India wash its hands off its role in the Delhi Riots? The Supreme Court says NO — it has upheld the summons issued by the Peace and Harmony Committee of Delhi Assembly and has made some pretty important observations.

Read our analysis 👇🏾
internetfreedom.in/explained-supr…
1/n
In the wake of the bloody Delhi Riots, the Delhi Assembly formed the Peace Committee, to try and understand what caused these riots. Before long, it received complaints regarding Facebook's role — soon after, this @WSJ article went viral 👇🏾
wsj.com/articles/faceb…

2/n
This led to the Parliamentary Committee on IT and the PaH Committee separately summoning Mr. Mohan, Facebook India head. Although he appeared before the Parliamentary Committee, he refused to appear before PaH Committee, stating that it did not fall under their legal domain.
3/n
Read 9 tweets
Internet Freedom Foundation (IFF) Profile picture
12 Jul
Has your account been blocked, suspended, or taken down... without notice? (Belated) explanations range from "national interest" to "fake news", but there's no real clarity — who takes them and on what basis? What legal options do we have?

Read 👇🏾
internetfreedom.in/was-your-handl…

1/n
The rate at which accounts are being suspended has increased ➡️ From 3600 in 2019, to 9800 in 2020, to almost 6000 within the first six months of 2021, government takedown orders have grown by leaps.

Excessive & arbitrary restrictions on speech dilute our digital rights.
2/n
In March 2021, in response to an RTI application filed by IFF, the Department of Telecommunications informed us that “94 blocking orders were issued by DoT during 2020 & 2021" and 3725 links were blocked/disabled.

Such widespread censorship undermines our democratic values!
3/n
Read 6 tweets
Internet Freedom Foundation (IFF) Profile picture
12 Jul
The IT Act 2000 is what governs today's #DigitalIndia. However, when it comes to 2021's tech realities, this Act is woefully inadequate and needs to be revised ASAP!

Our digital governance laws + frameworks must protect citizens' fundamental rights 👇🏾
internetfreedom.in/update-the-it-…
1/n
When the IT Act 2000 was brought in, only 0.5% of the Indian population (55 lakh) used the internet. The digital landscape consisted mainly of e-commerce websites. Now, with the rapid transformation of #DigitalIndia, we desperately need an update -
internetworldstats.com/asia/in.htm

2/n
In Jan 2021, we received reports of plans by the government to update this Act. We followed up and were informed that @GoI_MeitY's discussions with "relevant stakeholders" have already begun. But it's not just the provisions that need an overhaul, it's the complete framework.
3/n
Read 9 tweets
Internet Freedom Foundation (IFF) Profile picture
10 Jul
This week, we saw a major #cabinetreshuffle in India, and we want our digital rights to benefit from this change.

We've written multiple letters to the newly oriented @GoI_MeitY, @pib_comm & @MoIB_Official and highlighted several issues & solutions.
1/n
internetfreedom.in/a-digital-righ…
Communications: Digital infrastructure, literacy, and net neutrality are all areas that have scope for vast improvements.

Internet shutdowns are also a big part of our ask — India accounts for 70% of total global losses caused by internet shutdowns!
2/n
top10vpn.com/cost-of-intern…
Electronics and IT: Withdrawing the unconstitutional and regressive IT Rules 2021, updating the IT Act 2000 to address the dynamic nature of our digital landscape, increasing transparency around content blocks, and addressing data breaches — these are some vital concerns.
3/n
Read 7 tweets
Internet Freedom Foundation (IFF) Profile picture
9 Jul
What's up with the #ITrules? Here's what ➡️ The UoI has asked the SC to transfer before itself 4 cases (pending in High Courts) questioning the constitutional validity of the rules. IFF is providing legal assistance to @LiveLawIndia in one of them.
1/n
 internetfreedom.in/union-of-india…
Today, submissions were made by the Ld. Solicitor General for a stay of the pending matters before High Courts. The Supreme Court refused such stay, and ordered the petitions to be tagged and listed before the appropriate bench on July 16.
2/n
The Kerala HC had earlier restrained UoI from taking coercive action against @LiveLawIndia, a respondent in today’s hearing. In an integral decision for the power of collaborative and strategic litigation, the Supreme Court didn’t disturb this order.
3/n
Read 9 tweets
Internet Freedom Foundation (IFF) Profile picture
9 Jul
Hearing update: Union of India’s transfer petition is listed as item 7 before Justice Khanwilkar and Justice Sanjiv Khanna of the Supreme Court. The petition seeks to transfer 4 cases that have challenged the validity of IT Rules, 2021 before the Supreme Court. (1/n)
One of these cases is @LiveLawIndia’s petition which is pending before the Kerala High Court. IFF has provided legal assistance to @LivelLawIndia. A blog post summarising the proceedings before Kerala High Court is available here - internetfreedom.in/kerala-hc-gran…
(2/n)
We have previously provided a deep dive analysis of IT Rules, 2021 where we have explained how they are unconstitutional, undemocratic and how they will fundamentally change an Indian user's experience on the internet.
internetfreedom.in/intermediaries…
(3/n)
Read 5 tweets

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