Controlling the machine

Controlling the machine

Context

Data protection

Backdrop

Government of India has constituted a committee of Experts udner the chairmanship of former Supreme Court judge Shri BN Srikrishna to study various issues relating to data protection in India

Need for data protection

• Digital services in India by various companies like google, facebook and Amazon are expanding at a very fast pace
• Vast amounts of data is being gathered by government as linking Aadhaar is now mandatory for multitude of services

Learning from GDPR

• It recognises the principle of protection of Right to Privacy with suitable exceptions under doctrines of necessity and proportionality
  • Under proportionality advantages due to limiting the privacy right are weighed against the disadvantages
• A transparent system of data processing which makes users practically aware of what is happening with their personal information at all times
• Government and companies are allowed to use data only for the original purpose under which they were gathered and only to the extent and amount as necessary for performing the function as specified by a user

What needs to be done?

• Sufficient powers for the regulatory body and the courts enforce that powerful corporations and governments are held to account
• Effective enforcement
• Ensuring desirable legal language within the text of a law and also a larger environment of compliance and respect for privacy