Hi Friends,

Even as I launch this today ( my 80th Birthday ), I realize that there is yet so much to say and do. There is just no time to look back, no time to wonder,"Will anyone read these pages?"

With regards,
Hemen Parekh
27 June 2013

Now as I approach my 90th birthday ( 27 June 2023 ) , I invite you to visit my Digital Avatar ( www.hemenparekh.ai ) – and continue chatting with me , even when I am no more here physically

Wednesday, 6 April 2022

New Legal Structure ?

 


Context :

New legal structure needed to counter cyber challenges: IT minister Ashwini Vaishnaw / ET / 05 Apr 2022



Extract :

Union Minister of Information and Technology Ashwini Vaishnaw on Monday called for a new “ dynamic legal structure “ which balances :

 

#   Right to Privacy and freedom of expression

 

   and,

 

#   Demands for Regulations and Control,

 

-        to meet challenges from unscrupulous elements in cyberspace.

Speaking on legal strategy to counter cyber crimes, Vaishnaw said the country needs to overhaul the legal structure in a big way. “ I don’t think any incremental changes will help. The changes has to be substantial, significant, fundamental and structural “ , he said

 

 He said legal structure has to be a totally new legal structure, which is dynamic, which is in tune with the times, which addresses aspirations of our generations as well as keeps people’s say, social media accountable and keeps people away who want to swindle away hard earned savings

 

“ All those things are part of that big regulatory structure that need to be overhauled “ , he said

 



Related Readings :


Your Digital Footprint: It's Bigger Than You Realize   /   cnet.com   /   04 Apr 2022

Extract :

Just about everything about you is online, whether you put it there or not.

Today, your digital self includes your social media accounts, biometric identifiers, usernames and passwords. Possibly most creepy: Your smartphone records the location data of your daily life as you tote it around. 

They're used by marketers trying to get you to buy something, to support a policy or to vote for a candidate. There are oodles of data about you. Most of that info is largely free for the taking.

As you'd expect, there's no shortage of companies looking to profit from it. At last count, there were about 540 data brokers operating in the US

The skyrocketing amount of consumer data online has also given cybercriminals new opportunities to exploit your personal details for identity theft, online scams or other kinds of fraud. Once cybercriminals get your data, they use it to try to bust into your accounts or sell it to other cyber-crooks

Creating massive databases of consumer profiles has gotten easier in recent years because of advances in artificial intelligence technology that allow for better cross-referencing and correcting of data, says John Gilmore, Abine's head of research. The databases are bigger and more accurate than ever.

Vast majority of information comes from voter registration rolls, property and court records, and other conventional public sources.

The digital footprint produced by the average person goes well beyond Facebook oversharing. Keeping tabs on the data created by online shopping, online entertainment and simply surfing the internet goes well beyond the capabilities of most people.

Curbing the amount of data stored would reduce the impact of data breaches. 

SPECIFICALLY, THE TECH NEEDS TO BE SOMETHING PEOPLE CHOOSE TO OPT INTO, AND THE BIOMETRICS DATA ONLY GETS USED WITH A PERSON'S CONSENT.

Privacy advocates, however, have serious concerns about other ways that biometric data can be used. For example, tech startup Clearview AI has been targeted by investigations and lawsuits because of its creation of a facial recognition tool powered by billions of images it scraped from social media sites without consent.

MY  TAKE :

 

Dear Shri Vaishnawji,

 

From your statement , it seems :

#  Current IT Act needs scrapping

#  Draft Data Protection Bill will require to be re-written

 

I urge you to consider my following e-mails for crafting the “ New Legal Framework “ envisaged by you


With regards,

Hemen parekh / hcp@RecruitGuru.com  /  07 April 2022

 

[ A ]     Surveillance

Surveillance : make it a “ Compromise Issue “ ?

 

[ B ]     Ownership of Personal Data and its Monetization

 Privacy for Sale  ……………………………………………………………………….[ 26  Aug  2017 ]

      Digital Dividend from Demographic Data [ 4 D ]………… …………….[ 14 Feb 2019 ]

     SARAL ( Single  Authentic  Registration for Anywhere  Login )….[ 10 Feb 2019 ]

 

[ C ]   Accountability of Social Media

Only Answer :  a  Statutory  Warning  …………………………………….. [10  Nov  2018 ]

 

[ D ]   Legal Frame-Work


Tim Berners-Lee Speaks …………………………………………………………….[ 30 Sept 2018 ]

 

Internet Bill of Rights………………………………………………………………….. [ 07 Oct 2018 ]

 

Contract for the Web……………………………………………………………………. [ 06 Nov 2018 ]

 

Slow and Steady ? Sure Way to Nowhere !.............................. [ 05 Jan 2019 ]

 

Data becomes an Air Molecule : Free to travel anywhere …………..[ 30 July 2019 ]

 

“ Pods ”; Prescribed by ( Dr ) Tim Berners-Lee……………………………. [ 23 Jan 2021 ]

 

Chasing a Mirage ? ………………………………………………………………………….[ 27 Jan 2021 ]

 

“ Super Follows “ thinks “ Super Clever “ ?................................ [ 26 Feb 2021 ]

 

Delayed Data Protection : a blessing in disguise ?....................... [ 25 Apr 2021 ]

 

An “ Act of Defiance “ ? …………………………………………………………………….[ 28 May 2021 ]

( compilation of my earlier 111 e-mails links on this subject  )

 

Fresh legislation may replace data protection bill  / Eco Times / 17 Feb 2022

India needs a new digital law: Rajeev Chandrasekhar  /  TNN  /  Feb 17, 2022

 

 

 ===========================================

Added on 09 April 2022 :


New data governance policy planned for government’s institutes

( Hindustan Times  /  09 April 2022 )


 Extract :

The governance framework will deal with all " non-personal data and information

 created / generated / collected / archived , by the Govt of India directly or

 authorised agencies of various Ministries / Departments / Organizations /

 Agencies and Autonomous bodies


A core component of the Data Governance Framework will be the formation of an 

India Data Management Office ( IDMO ), under the IT Ministry

 

------------------------------------------------------------------------------------

Added on 10 April 2022 :


Intersection of tech, law a major challenge: Minister  / Pakkikhabar / 10 Apr 22


Intersection of tech, law a major challenge    /   TOI   /   10 Apr 22

Consumer internet services and social media platforms should be built around the concept of openness, safety, trust and accountability, Rajeev Chandrasekhar, minister of state for electronics and technology, entrepreneurship and skill development said at the inaugural ceremony of Bennett University’s Centre For Law and Computing Technology.

“We have just unveiled the national data governance framework and policy that is undergoing public consultation. We will shortly be rolling out cybersecurity policies and guidelines, and hopefully down the road, we will also be working on a new Digital India Act or a new policy for the digital ecosystem and cyberspace.”

------------------------------------------------------------------------------------------------------------------------


 /  Eco Times  /  10 April 2022

The government will shortly roll out the Digital India Act, which will be a renewed policy for the digital ecosystem and cyberspace in the country, Minister of State for Electronics and IT, Rajeev Chandrasekhar, said


He said cyberspace is currently governed by the IT Act, which is a 22-year-old piece of legislation, and that there was a need for a more contemporary Act.

“There is a need for a new contemporaneous law that is global standard and is consistent with India's ambition to be a preeminent nation in the coming decades, in all matters - technology and all aspects of the innovation and technology ecosystem,” he added.

“We have just unveiled the national data governance framework and policy that is undergoing public consultation.

 We will shortly be rolling out cybersecurity policies and guidelines, and very shortly down the road, we'll be working on a new Digital India Act which will be a renewed policy for the digital ecosystem and the cyberspace in India,” he said.


He also said that Big Tech platforms and all platforms that provide products and services online are accountable to citizens who are users.


“I think the challenges going forward in jurisprudence (and) on the regulation of cyberspace are considerable,” Chandrasekhar said. “They range from informational protection and privacy on one end to ethical use of technologies like AI on the other end of the spectrum, then you have challenges of openness and competition, vis a vis the big tech platforms, especially in the context of monopolies and duopolies is in app stores and search engines.”
----------------------------------------------------------------------------------------------------

 

 Added  on  28  May  2022 :


Govt releases revised Draft National Data Governance Framework Policy

 

 Extract  :


It also said this policy would be applicable to all non-personal datasets and data and platform, rules, standards governing its access and use by researchers and start-ups; and State governments would also be encouraged to adopt the provisions of the Policy and rules, standards, and protocols as applicable.

“An ‘India Data Management Office (IDMO)’ shall be set up under the Digital India Corporation (DIC) under MeitY and shall be responsible for framing, managing and periodically reviewing and revising the Policy,”the MeitY said.


For instance, earlier, different States would send data through different agencies, so now a single point is being made so that all data come there and quick decisions can be made after collating the data received.


For data anonymisation, the IDMO will set and publish data anonymisation standards and rules to ensure informational privacy is maintained, it said.

No comments:

Post a Comment