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,
[
A ]
Surveillance
[
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
Contract
for the Web……………………………………………………………………. [ 06 Nov 2018 ]
Chasing a
Mirage ? ………………………………………………………………………….[ 27 Jan 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 :
( 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
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 :
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.
