Today’s media reports describe the Data Protection Bill , in these terms
Read these :
Extract :
Ø Justice BN Srikrishna
, said the bill, which
allows the Centre to exempt its agencies from some or all provisions, is “ dangerous ” and can turn India into
an “ Orwellian State”.
Ø “They have removed the safeguards. That is most dangerous. The government can
at any time access private data or government agency data on grounds of
sovereignty or public order. This has dangerous implications,” Srikrishna told ET.
Ø “The Select Committee has the right to change this. If
they call me, I will tell them this is nonsense. I believe there should be judicial
oversight on government access,” Srikrishna added.
“It will weaken the bill and turn India into an Orwellian State.”
“It will weaken the bill and turn India into an Orwellian State.”
RELATED OBSERVATIONS :
2024
! – V 2.0 of Orwellian 1984 ? [
07 July 2017 ]
Who
watches the Watchmen ? [
12 July
2019 ]
======================================================
Extract :
India’s personal data protection bill offers
stronger provisions to users seeking deletion of their information from commercial and social platforms compared with
European privacy laws according to officials and legal experts.
The new Bill provides for Right to Erasure, in
addition to the provision of Right
to be forgotten in the draft bill submitted by a panel led by retired
Supreme Court judge Justice BN Srikrishna.
The Bill allows individuals to approach the adjudicating officer
under the independent regulator (the Data Protection Authority) to restrict or delete personal content that meets certain
predefined criteria.
A top government official told ET that the
rules in India will apply to any organisation that has user data including
“search engines”.
Legal experts are of the view that there are
several implementation challenges with the provisions and the real test will come in defining
what user data was required to perform the task in hand and how to ascertain
that it’s purpose was now over.
“It is likely to be one of the most crucial
features of the Bill, the Right to be Forgotten may see some of the longest debates or court room
battles as
companies would want to design their consent requirement broadly versus data
principals or individuals wanting it to narrow,” said Dipti Lavya Swain,
partner at HSA Advocates.
“The
new Bill is stronger in terms of protecting the user privacy from private
entities. In this regard, the Bill is an improvement over the 2018 draft,” said
Udbhav Tiwari, policy advisor, Mozilla Corporation.
Tiwari added the new Bill has added the
provision around Right to Erasure,
which says that users can ask data fiduciaries to delete the
data which is no longer necessary for the purpose
it was collected for.
“The
earlier provisions were not clear and didn’t create such active obligations on
the service provider around erasure.”
A member of the Justice BN Srikrishna
Committee which drafted the PDP Bill said that it
remains to be seen how Right to be Forgotten and Erasure will be implemented.
“We got the feedback from companies that Right to be Forgotten is the most difficult provision to implement in the
GDPR.”
Even
if the data fiduciary deletes the data, what happens to newspaper reports about the same incident, these are questions which will
need to be carefully considered, the person told ET.
RELATED OBSERVATIONS :
# Congratulations,
Your Honour ! [ 22 Mar 2019
]
Extract :
Which “ Your Honour “ ?
Hon
Justices V Ramasubramanian and P Keshava Rao , of Hyderabad High Court
What did the judges say ?
"In this 'online Maya Bazar', information
once registered or shared gets multiplied by
millions of times.
By the time an order for deletion is
passed, the bug repeats itself
several
times and deletion without a trace appears improbable “
# Privacy
? What is that ? [ 04 May
2017 ]
Extract :
·
Do our mobile
phones / mobile apps relay EVERYTHING about us to their designers /
manufacturers , all the time ?
( Ans : Have no doubts ! )
·
Do Google / Facebook / LinkedIn / Twitter
etc know your “ intentions “ and pass these
onto e-commerce companies for a hefty price ?
(
Ans : You bet they do ! )
·
What will remain “ private “ when IP V 6.0 arrives , when EVERY single object on your body ( and in
your immediate surrounding ) , gets a unique URL
number and captures your voice / movement /
intentions on 24*365 basis and relays that DATA to the BIG BROTHER ?
(
Ans : Nothing ! )
# Delusion
of Privacy ? [ 10 June 2017
]
Extract :
The privacy
policy of the Bharat Interface for Money ( BHIM ) says…. :
“
…… once you give us your personal information , you are not anonymous to us.
We
may automatically track certain information about you based upon your behavior
on
our app , to the extent we deem fit “
# Privacy
? Perish the Thought ! [ 18 July 2017
]
Extract :
Under Internet
of Things ( IoT ) , each living human will get assigned 50,000 TRILLION , unique IP Addresses , under IP
V 6.0 ( including for that packet of food we eat and that bottle of
water we drink ! ) – that is 10
BILLION IP addresses for each hair on our
bodies !
· We will be “ Watched / Measured / Imaged / Listened to / Analysed /
Administered / Governed “ , every second of our lives ( - and no one will even
ask for any permission ! )
Anyone wearing an AR / VR device ( which
will be everyone ! ) , will know who we are and what we are doing , at ANY
MOMENT !
· The Omnipresent CLOUD will tell
us , what we should NEED and
what we should DESIRE and
where we should TRAVEL and
what we should SEE ! May be ,
even how long we should LIVE !
# Thank
You Your Honours ! [ 19 June
2017 ]
Extract :
Justice Chandrachud also posed several questions on data protection in the age of social
media, saying ,
· SOCIAL
MEDIA did not exist when the CONSTITUTION was made.
· IF PEOPLE HAVE PUT THEMSELVES IN THE PUBLIC REALM USING
TECHNOLOGY, IS
THAT NOT A SURRENDER
OF THEIR RIGHT TO PRIVACY ?,” the judge said, asking if right
to privacy is non-negotiable
# Supreme
may Propose : Technology will Dispose
[ 23 July 2017
]
Extract :
And what about PRIVATE / PERSONAL information about Indian Citizens ,
already
available on the internet that
ANYONE can scrap and even sell to others ?
To
know the extent of this issue , in Google , just type :
“ Database
Vendors in India “ ( Which of these 58.4
LAKH , will you sue ? )
{ As of 12 Dec 2019 , Google Results number 222 LAKH
}
# Data
Protection without Data Privacy ? [ 08 Jan 2018 ]
Extract
:
As far as that matter of CONSENT is
concerned , all those devices will warn you when
you switch on :
“ BY USING THIS DEVICE , YOU ARE
AGREEING TO OUR COLLECTING ANY / ALL DATA
ABOUT
YOU AND ALSO ALLOWING US TO USE IT FOR
WHATEVER PURPOSE WE THINK
FIT “
# Nightmare
? [ 04 Mar 2019
]
Extract :
Parallel to the Theory of Thermodynamics , I would like to propound the
following as far as the “ Theory of Information “ is concerned :
“ Like Entropy , content keeps
growing with each and every human
interaction , either with other humans or
with his environment , and content
can no longer remain hidden , nor can it be
destroyed “
# Internet
Bill of Rights [ 07 Oct 2018 ]
Extract :
Under Ro Khanna’s proposal
, it will be up to “ aggrieved individual citizen “ to fight out
his case ( in a court of law )
for any misuse of his personal consent by Facebook /
Google etc .
It would be the same with our own
proposed DATA PROTECTION LAW !
This is mockery !
Do we expect ONE BILLION Indians to hire Cyber Crime Experts /
Lawyers,
Ø To keep spying on
hundreds of web sites
Ø To unearth WHO is misusing his personal
data ,
Ø WHEN and HOW and for WHAT purpose
Ø In breach of his personal / individual “ Contract “ with the
offender , as per
Ø “ I accept the TERMS / CONDITIONS “ click ?
=========================================================
12 Dec 2019
hcp@RecruitGuru.com
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