Today’s papers are full of reports re Government
cancelling its plan to create a “ Social Media Monitor
Hub “
Reason ?
In the eyes of the public , government’s motives were
suspect
Motive was :
“ According to the RFP document , a TECHNOLOGY PLATFORM
was needed to collect digital media chatter from
all core social media platforms as well as digital platforms such as news, blogs
The platform was expected to provide AUTOMATED REPORTS
, TECTICAL INSIGHTS and COMPREHENSIVE WORK-FLOWS to initiate engagement across
digital channels “
No wonder , during the hearing, Justice D Y Chandrachud
had noted:
“ If the government is seeking to monitor every single
tweet and WhatsApp message that is sent , we will be moving towards becoming a surveillance state “
But would public oppose with my following suggestion ? :
Declare motive as follows :
Government wants to,
# Protect the RIGHT to PRIVACY of its citizens , under
the proposed “ Data Protection Law
“ , by creating a platform where Indian
citizens can VOLUNTARILY
upload / store their
PERSONAL /
PRIVATE data, which will remain in the SAFE CUSTODY of
Data Protection
Authority [ DPA ]
DPA will be
a CONSTITUTIONAL and STATUTORY
authority , in the same manner as the
Election Commission and its Chief will report
to the President of India
This will
ensure its total independence from all other wings of the government
By relevant
clauses of the proposed Data Protection Law , DPA cannot share any data of
any citizen who has registered on the Data Custody Platform , with any government
department
or agency
This will
ensure that the government cannot turn into a “ Surveillance State “
# Enable its
citizens to avail of the online services of web sites / mobile apps etc ,
without
worrying about
any misuse of their Personal / Private Data by these Data Fiduciaries
# Sue those Data Fiduciaries , on behalf of the
citizens , in case of any such misuse
# Extend the
principle of “ Data Ownership “ by enabling
its citizens to SELL
their Private
Data (
what is ownership without being able to sell what you own ? )
I am sure citizens would welcome any such VOLUNTARY MECHANISM and enthusiastically support
it
=============================
Here is the context :
Say 1 billion Indian
citizens have given their “ Consent “ [ - without any appreciation of
what it could mean to their Personal Data misuse ], to some 200 web sites ( Data Fiduciaries ) , by
registering on those web sites and saying,
“ I accept the
TERMS and CONDITIONS “ .
Sometimes , not even that much !
That adds up to 200 Billion individual “ Ghost Contracts “
There is no way for an individual citizen to come to
know , “ which “ fiduciary has misused “ what “ personal data , of “ who “ , and “ when
“ .
No way ( time – money wise ) for an individual to launch
a court case
But , under proposed Data Protection Law , government has an opportunity
to “ turn the tables “ !
==========================
By launching a “ Data Custody Platform “ , to be called ;
which will work as follows :
# Indian
citizens will voluntarily upload their Personal Data on this platform at 4
levels ,
as described at :
# No Indian Citizen will need to fill up
REGISTRATION forms on web sites of fiduciaries
# Web sites of
all fiduciaries , will enter into individual CONTRACTS with DPA ( so 200
contracts in place of 200 billion contracts !
)
# Whenever , any Indian citizen wants to use the
online services of any fiduciary web
site, he will simply click :
“Log me in with www.IndiaDataCustodian.gov.in “
# Fiduciary
web site will have a protocol with Data Custody web site , under which the
Data Custody web site will merely “
Authenticate “ the genuineness of the user ,
WITHOUT sharing any data of that user
There will
be no “ mirroring “ / “ cloud storage “ / “ cross-border migration “ of data
All data
will always stay safe and secure on the LOCAL SERVER of Custody Web site
# On Custody
Web site , there will be following provisions :
·
Registering Indian Citizen, can select
which ( level ) of his personal data can be sold ( - which will always and only
be in an “ anonymized “ form ) .
Of course , the selling price will be decided
by the Custody Web site , with provision for “ Surge Pricing “ as explained in ,
·
He can also decide / select ( from
appropriate drop lists ) , which ( level ) of his personal data , can be
allowed to be authenticated ( by Custody Web site ) to which fiduciary web site
·
He can edit his personal data at any time (
but at least , once a year )
·
He can edit his “ Authentication Selection “
at any time
·
He can “ De-activate “ his data for any
given period
·
If DPA receives any compensation from any
fiduciary for any misuse of data ( eg : proposed 4 % of annual revenue – as in
GDPR ) , it will be shared equally among ALL the registered users . This will
act as a positive INCENTIVE for Indian citizens to come forward to register on
Custody Web Site
·
If an Indian citizen is NOT registered on
Custody Web site , DPA will not fight his case in case of any misuse of data
that he has directly given to any fiduciary . He will have to fight his own
case , based on what “ consent “ he has given to it
·
Custody Web site shall employ appropriate
software to scour the entire web and compile all “ Web based Interactions /
Engagements “ of the registered users
By registering , the user
gives his consent in this regards but on clear understanding that this will not
be shared with any other party / agency but only for the explicit purpose of
generating DEMOGRAPHIC / SOCIAL / ECONOMIC ( but not Political ) profiles of
the Indian citizens , for common use by anyone
·
Since all E Commerce web sites are covered by my suggestion , there
will be no need for a separate provision ( for Data Localization ) under the
draft E Com Policy
·
Any fiduciary web site that is unwilling to
enter into an agreement with the DPA ( as outlined above ) ,shall be stopped
from operating in India ( - and that covers Google / Amazon etc )
* For each registered user , on Custody Web Site , there will be a password protected page , where he can see his " Earnings History " along with amounts deposited from time to time , in his Jan Dhan Bank account
I urge the Central Government to publish my suggestion
and invite comments from the Data Principals and Data Fiduciaries
O4 Aug 2018
www.hemenparekh.in
/ blogs
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