Navigating the Draft National Data Governance Framework Policy

Aditi Pangotra

Research Analyst, Policy & Advocacy, CyberPeace

PUBLISHED ON

Oct 22, 2024

Data has become a critical asset for the advancement of a nation’s economic, social, and technological development. India’s emergence as a global digital economy hub makes it necessary to create a robust framework that addresses the challenges and opportunities of digital transformation. The Indian government introduced the Draft National Data Governance Framework Policy in 2022, aiming to create a comprehensive data handling and governance framework. This policy draft addresses key challenges in data management, privacy, and digital economy growth. As per the recent media reports, the Draft National Data Governance Policy so prepared is under the finalisation stage, the government specified in its implementation document for the Budget 2023-24 announcement. The policy also aims to address the country's AI adoption and the issue of lack of datasets by providing widespread access to anonymized data.

Background and Need for the Policy

India has a robust digital economy with its adoption of the Digital India Initiative, Aadhaar digital identification, UPI for seamless payments and many more. In India, 751.5 million people connect to the internet, and is home to 462.0 million social media users in January 2024, equivalent to 32.2% of its total population (Data Reportal 2024). This has brought challenges including data privacy concerns, cybersecurity threats, digital exclusion, and a need for better regulation frameworks. To overcome them, the Draft National Data Governance Policy has been designed to provide institutional frameworks for data rules, standards, guidelines, and protocols for the sharing of non-personal data sets in a manner that ensures privacy, security, and trust so that they remain secure, transparent, and accountable.

Objectives omphasizesf the Framework

The objective of the Framework Policy is to accelerate Digital Governance in India. The framework will standardize data management and security standards across the Government. It will promote transparency, accountability, and ownership in Non-Personal data and dataset access and build a platform to receive and process data requests. It will also set quality standards and promote the expansion of the datasets program and overall non-personal ecosystem. Further, it aims to build India’s digital government goals and capacity, knowledge, and competency in Government departments and entities. All this would be done while ensuring greater citizen awareness, participation, and engagement.

Key Provisions of the Draft Policy

The Draft Framework Policy aims to establish a cohesive digital governance ecosystem in India that balances the need for data utilization with protecting citizens' privacy rights. It sets up an institutional framework of the "India Data Management Office (IDMO) set up under the Digital India Corporation (DIC) which will be responsible for developing rules, standards, and guidelines under this Policy.

The key provisions of the framework policy include:

Promoting interoperability among government digital platforms, ensuring data privacy through data anonymization and security, and enhancing citizen access to government services through digital means.
The policy e the creation of unified digital IDs, a standardisation in digital processes, and data-sharing guidelines across ministries to improve efficiency.
It also focuses on building digital infrastructure, such as cloud services and data centres in order to support e-governance initiatives.
Furthermore, it encourages public-private partnerships and sets guidelines for accountability and transparency in digital governance.

Implications and Concerns of the Framework

The policy potentially impacts data sharing in India as it mentions data anonymization. The scale of data that would need to be anonymised in India is at a very large scale and it could become a potential challenge to engage in.
Data localization and cross-border transfers have raised concerns among global tech companies and trade partners. They argue that such requirements could increase operational costs and hinder cross-border data flows. Striking a balance between protecting national interests and facilitating business operations remains a critical challenge.
Another challenge associated with the policy is over-data centralization under the IDMO and the potential risks of government overreach in data access.

Key Takeaways and Recommendations

The GDPR in the European Union and the Digital Personal Data Protection Act passed in 2023 in India and many others are the data privacy laws in force in different countries. The policy needs to be aligned with the DPDP Act, 2023 and be updated as per the recent developments. It further needs to maintain transparency over the sharing of data and a user’s control. The policy needs engagement with industry experts, privacy advocates, and civil society to ensure a balance of innovation with privacy and security.

Conclusion

The Draft National Data Governance Framework Policy of 2022 represents a significant stage in shaping India's digital future. It ensures the evolution of data governance evolves alongside technological advancements. The framework policy seeks to foster a robust digital ecosystem that benefits citizens, businesses, and the government alike by focusing on the essentials of data privacy, transparency, and security. However, achieving this vision requires addressing concerns like data centralisation, cross-border data flows, and maintaining alignment with global privacy standards. Continued engagement with stakeholders and necessary updates to the draft policy will be crucial to its success in balancing innovation with user rights and data integrity. The final version of the policy is expected to be released soon.

References

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PUBLISHED ON

Oct 22, 2024

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India’s New Broadcasting Bill 2023 and the Future of Media Freedom

January 15, 2024

Introduction

The Indian Ministry of Information and Broadcasting has proposed a new legislation. On the 10th of November, 2023, a draft bill emerged, a parchment of governance seeking to sculpt the contours of the nation's broadcasting landscape. The Broadcasting Services (Regulation) Bill, 2023, is not merely a legislative doctrine; it is a harbinger of change, an attestation to the storm of technology and the diversification of media in the age of the internet.

The bill, slated to replace the Cable Television Networks (Regulation) Act of 1995, acknowledges the paradigm shifts that have occurred in the media ecosystem. The emergence of Internet Protocol Television (IPTV), over-the-top (OTT) platforms and other digital broadcasting services has rendered the previous legislation a relic, ill-suited to the dynamism of the current milieu. The draft bill, therefore, stands at the precipice of the future, inviting stakeholders and the vox populi to weigh in on its provisions, to shape the edifice of regulation that will govern the airwaves and the digital streams.

Defining the certain Clauses of the bill

Clause 1 (dd) - The Programme

In the intricate tapestry of the bill's clauses, certain threads stand out, demanding scrutiny and careful consideration. Clause 1(dd), for instance, grapples with the definition of 'Programme,' a term that, in its current breadth, could ensnare the vast expanse of audio, visual, and written content transmitted through broadcasting networks. The implications are profound: content disseminated via YouTube or any website could fall within the ambit of this regulation, a prospect that raises questions about the scope of governmental oversight in the digital realm.

Clause 2(v) - The news and current affairs

Clause 2(v) delves into the murky waters of 'news and current affairs programmes,' a definition that, as it stands, is a maelstrom of ambiguity. The phrases 'newly-received or noteworthy audio, visual or audio-visual programmes' and 'about recent events primarily of socio-political, economic or cultural nature' are a siren's call, luring the unwary into a vortex of subjective interpretation. The threat of potential abuse looms larger, threatening the right to freedom of expression enshrined in Article 19 of the Indian Constitution. It is a clarion call for stakeholders to forge a definition that is objective and clear, one that is in accordance with the Supreme Court's decision in Shreya Singhal v. Union of India, which upheld the sanctity of digital expression while advocating for responsible content creation.

Clause 2(y) Over the Top Broadcasting Services

Clause 2(y) casts its gaze upon OTT broadcasting services, entities that operate in a realm distinct from traditional broadcasting. The one-to-many paradigm of broadcast media justifies a degree of governmental control, but OTT streaming is a more intimate affair, a one-on-one engagement with content on personal devices. The draft bill's attempt to umbrella OTT services under the broadcasting moniker is a conflation that could stifle the diversity and personalised nature of these platforms. It is a conundrum that other nations, such as Australia and Singapore, have approached with nuanced regulatory frameworks that recognise the unique characteristics of OTT services.

Clause 4(4) - Requirements for Broadcasters and Network Operators

The bill's journey through the labyrinth of regulation is fraught with other challenges. The definition of 'Person' in Clause 2(z), the registration exemptions in Clause 4(4), the prohibition on state governments and political parties from engaging in broadcasting in Clause 6, and the powers of inspection and seizure in Clauses 30(2) and 31, all present a complex puzzle. Each clause, each sub-section, is a cog in the machinery of governance that must be calibrated with precision to balance the imperatives of regulation with the freedoms of expression and innovation.

Clause 27 - Advisory Council

The Broadcast Advisory Council, envisioned in Clause 27, is yet another crucible where the principles of impartiality and independence must be tempered. The composition of this council, the public consultations that inform its establishment, and the alignment with constitutional principles are all vital to its legitimacy and efficacy.

A Way Forward

It is up to us, as participants in the democratic process and citizens, to interact with the bill's provisions as it makes its way through the halls of public discourse and legislative examination. To guarantee that the ultimate version of the Broadcasting Services (Regulation) Bill, 2023, is a symbol of advancement and a charter that upholds our most valued liberties while welcoming the opportunities presented by the digital era, we must employ the instruments of study and discussion.

The draft bill is more than just a document in this turbulent time of transition; it is a story of India's dreams, a testament to its dedication to democracy, and a roadmap for its digital future. Therefore, let us take this duty with the seriousness it merits, as the choices we make today will have a lasting impact on the history of our country and the media environment for future generations.

References

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December 18, 2024

Meta's Shift to Less Personalized Ads in the EU: Navigating Compliance with the Digital Markets Act and Its Implications

November 16, 2024

Introduction

Personalised advertisements deploy a mechanism that derives from the collection of the user’s data. Although it allows for a more tailored user experience, one cannot ignore the method through which this is achieved. Recently, as per a report by the Indian Express on 13th November 2024, Meta has come up with a less personalised ad option on Facebook and Instagram for its users in the European Union (EU). This was done due to the incompatibility of their previous ad offer with the EU’s Digital Markets Act (DMA).

Relevant Legislation

In October 2023, Meta came up with a “Pay or Consent” option for their users in the EU. It gave the users two options: either to pay a monthly subscription fee to avail of the ad-free usage variant of Facebook and Instagram, or to give consent to see personalised ads based on the user’s data. This consent model was introduced in their attempts to comply with the EU’s DMA. However, this was found to be incompatible with the said mandate, according to the EU regulators, as they believed that the users should not only have the option to consent to ads but also have access to less personalised but equivalent alternatives. It is this decision that pushed Meta to come up with less personalised ad options for users in the EU. The less-personalised ad option claims to rely on limited data and show ads that are only based on the context of what is being viewed i.e. during a Facebook or Instagram session requiring a minimum set of data points such as location, age, gender, and the user’s engagement with the ads. However, choosing this option also allows for such ads to be less skippable.

The EU’s Digital Markets Act came into force on November 1, 2022. The purpose was to make the digital marketing sector fairer and in doing so, identify what they consider to be “Gatekeepers” (core platform services such as messenger services, search engines, and app stores) and a list of do’s and don’ts for them. One of them, applicable to the case mentioned above, is the effective consent required by the user in case the gatekeeper decides to target advertisements enabled by tracking the users' activity outside the gatekeeper's core platform services.

The Indian Context

Although no such issues have been raised in India yet, it is imperative to know that in the Indian context, the DPDP (Digital Personal Data Protection) Act 2023 governs personal data regulation. This includes rules for Data Fiduciaries (those who, alone or in partnership with others, determine the means and purpose of processing personal data), the Data Principal (those who give data), Consent Managers, and even rules regarding processing data of children.

CyberPeace Recommendations:

At the level of the user, one can take steps to ensure limited collection of personal data by following the mentioned steps:

Review Privacy Settings- Reviewing Privacy settings for one’s online accounts and devices is a healthy practice to avoid giving unnecessary information to third-party applications.
Private Browsing- Browsing through private mode or incognito is encouraged, as it prevents websites from tracking your activity and personal data.
Using Ad-blockers- Certain websites have a user option to block ads when the user first visits their page. Availing of this prevents spam advertisements from the respective websites.
Using VPN- Using Virtual Private Networks enables users to hide their IP address and their data to be encrypted, preventing third-party actors from tracking the users' online activities
Other steps include clearing cookies and cache data and using the location-sharing feature with care.

Conclusion

Meta’s compliance with the EU’s DMA signals that social media platforms cannot circumnavigate their way around rules. Balancing the services provided while respecting user privacy is of the utmost importance. The EU has set precedence for a system that respects this and can be used as an example to help set guidelines for how other countries can continue to deal with similar issues and set standards accordingly.

References

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Navigating the Draft National Data Governance Framework Policy

Background and Need for the Policy

Objectives omphasizesf the Framework

Key Provisions of the Draft Policy

Implications and Concerns of the Framework

Key Takeaways and Recommendations

Conclusion

References

Related Blogs

Introduction

Defining the certain Clauses of the bill

Clause 1 (dd) - The Programme

Clause 2(v) - The news and current affairs

Clause 2(y) Over the Top Broadcasting Services

Clause 4(4) - Requirements for Broadcasters and Network Operators

Clause 27 - Advisory Council

A Way Forward

References

Executive Summary:

Claim:

Fact Check

Introduction

Relevant Legislation

The Indian Context

CyberPeace Recommendations:

Conclusion

References

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