Law, policy, tech, geekery + more. Policy @AccessNow. Cofounded https://t.co/yDWyIOpzLe @Article21_Ind @InternetFreedom. @CheveningFCO cyber alum. Ex @Google
Nov 18, 2022 • 9 tweets • 2 min read
Today, India's Ministry of Electronics and IT issued a new draft "digital data protection bill".
TL;DR: its quite disappointing. This is a #DataProtectionBill one would expect from a country in the mid 2000s, before the GDPR, before the Indian Supreme Court's Puttaswamy ruling.
While claiming to be shorter and using simpler language than the previous draft bill, its actually deletes entire data protection rights that the earlier draft proposed. It uses weaker, pro-corporate language around consent. And even wider carve-outs for govt agencies, LEAs.
Feb 10, 2021 • 7 tweets • 2 min read
I've unfortunately had the misfortune of dealing with the drafting of the legal framework under Section 69A of the Information Technology Act, and the very, very creative interpretations of that flawed legal measure from the Govt of India since 2010. Its rotten, unconstitutional.
S. 69A was tacked on to the IT Act amendments in 2008-09 to give legal air cover for the completely unconstitutional Ministerial order framework for website blocking & a 2003 notification. The amendment was passed by voice vote in a din in Parliament, after the 26 Dec attacks.
Nov 11, 2020 • 14 tweets • 3 min read
Thread on Govt of India amendments to its allocation of business rules re: Ministry for Information & Broadcasting:
TL;DR: The Govt amended the rules that govern how the business of the Union Govt is conducted to say that MIB is the administrative lead on digital/online media
The operative part is below; they added to the list of business MIB is supposed to manage.
DIGITAL/ONLINE MEDIA
22A. Films and Audio-Visual programmes made available by online content providers.
22B. News and current affairs content on online platforms.
The Indian Government published a draft 'Health Data Management Policy' document for its new proposed National Digital Health Mission. They gave an immensely short window for public comments on it, which may have gotten extended today to next week. But, there's more.
If you look at PDF of the document itself, you can see that it was finalised in a rush. Edit track change marks are still there.
If you then dig into the PDF, you can see that the final version was done on Microsoft Word by @sunetrar of @Vidhi_India & then uploaded by the NDHM.
Jul 16, 2020 • 6 tweets • 1 min read
One set of perhaps less foreseen stakeholders should also be paying attention to today's judgment by the CJEU tearing up the EU-US Privacy Shield agreement on data transfers:
Asia-Pacific govts involved in EU data protection adequacy status: Japan, S. Korea, and India
With Japan, its about enforcement of its changes & if there really is remedy available to users on data protection harms, surveillance concerns.
S. Korea is still structuring its amended data protection legal framework. Also has taken radical surveillance steps during COVID19.
May 1, 2020 • 5 tweets • 1 min read
In the order just announced in India extending the lockdown, once can see the reckless assault on the constitution that the Union Home Ministry is mounting. Short thread.
In an order under the Natl Disaster Management Act (which the NDMA should be actually announcing), MHA is "ordering" state govts, others to issue orders under Section 144 of the CrPC. Leave alone the Union Home Ministry even State CMs are supposed to defer to District Magistrates
Dec 11, 2019 • 8 tweets • 2 min read
Currently the representative house for the world's largest democracy & the second largest internet market in the world is considering - for the 1st time - a data protection bill. MPs have rised in concern & opposition in the Lok Sabha to the bill that the Union Govt has proposed
After opposition by MPs, Minister Ravi Shankar Prasad reveals the Government's plan. Instead of letting it be referred in the normal process to the Standing Committee on IT, Minister Prasad is trying to push for it to be referred to a specific select committee formed for this.
Jan 8, 2019 • 11 tweets • 3 min read
In the Lok Sabha, Minister Harsh Vardhan has pushed the DNA Bill for consideration and passing. MPs have been responding with their concerns and comments.
The House just finished hearing from @PremachandranNk. He supported concerns expressed by @ShashiTharoor , and added that though the Govt claimed the databank would be secure, how could it be secure if there was no data protection law?
Sep 26, 2018 • 5 tweets • 2 min read
Been mostly at the Supreme Court today and then reading the Aadhaar judgement (1400+ pages). Expect clearer takeaways soon. Till then, a hot take - in no particular order - follows:
Even though judges disagreed on some points regarding Aadhaar and surveillance, they have ended up demanding much higher standards. Aadhaar Act data sharing & national security provisions assailed. And in a broader +ve move, demanded that HC judges be involved in oversight.
