Small Scale Industries & DPDP Act Compliances
Introduction
The Digital Personal Data Protection (DPDP) Act, of 2023, introduces a framework for the protection of personal data in India. Data fiduciaries are the entity that essentially determines the purpose and means of processing of personal data. The small-scale industries also fall within the ambit of the term. Startups/Small companies and Micro, Small, and Medium Enterprises (MSMEs) while determining the purpose of processing of personal data in the capacity of ‘data fiduciary’ are also required to comply with the DPDP Act provisions. The obligations set for the data fiduciary will apply to them unilaterally, though compliance with this Act and can be challenging due to resource constraints and limited expertise in data protection.
DPDP Act, 2023 Section 17(3) gives power to the Central Government to exempt Startups from being obligated to comply with the Act, taking into account the volume and nature of personal data processed. It is the nation's first standalone law on data protection and privacy, which sets forth strict rules on how data fiduciaries can collect and process personal data, focusing on consent-based mechanisms and personal data protection. Small-scale industries are given more time to comply with the DPDP Act. The detailed provisions to be notified in further rulemaking called ‘DPDP rules’.
Obligations on Data Fiduciary under the DPDP Act, 2023
The DPDP Act focuses on processing digital personal data in a manner that recognizes both the right of individuals to protect their personal data and the need to process such personal data for lawful purposes and for matters connected therewith or incidental thereto. Hence, small-scale industries also need to comply with provisions aimed at protecting digital personal data.
The key requirements to be considered:
- Data Processing Principles: Ensuring that data processing is done lawfully, fairly, and transparently. Further, the collection and processing of personal data is only for specific, clear, and legitimate purposes and only the data necessary for the stated purpose. Ensuring that the data is accurate and up to date is also necessary. An important part is that the data is not retained longer than necessary and appropriate security measures are taken to protect the said data.
- Consent Management: Clear and informed consent should be obtained from individuals before collecting their personal data. Further, individuals have the option to withdraw their consent easily.
- Rights of Data Principals: Data principals (individuals) whose data is being collected have the right to Information, the right to correction and erasure of data, the right to grievance redressa, Right to nominate.the right to access, correct, and delete their personal data. Data fiduciaries need to be mindful of mechanisms to handle requests from data principals regarding their concerns.
- Data Breach Notifications: Data fiduciaries are required to notify the data protection board and the affected individuals in case a data breach has occurred.
- Appropriate technical and organisational measures: A Data Fiduciary shall implement appropriate technical and organisational measures to ensure effective observance of the provisions of this Act and the rules made thereunder.Cross-border Data Transfers: Compliance with regulations in relation to the transfer of personal data outside of India should be ensured.
Challenges for Small Scale Industries for the DPDP Act Compliance
While small-scale industries have high aims for their organisational growth and now in the digital age they also need to place reliance on online security measures and handling of personal data, with the DPDP act in the picture it becomes an obligation to consider and comply with. As small-scale industries including MSMEs, they might face certain challenges in fulfilling these obligations but digital data protection measures will also boost the competitive market and customer growth in their business. Bringing reforms in methods aimed at better data governance in today's digital era is significant.
One of the major challenges for small-scale industries could be ensuring a skilled workforce that understands and educates internal stakeholders about the DPDP Act compliances. This could undoubtedly become an additional burden.
Further, the limited resources can make the implementation of data protection, which is oftentimes complex for a layperson in the case of a small-scale industry, difficult to implement. Limitations in resources are often financial or human resources.
Cybersecurity, cyber awareness, and protection from cyber threats need some form of expertise, which is lacking in small enterprises. The outsourcing of such expertise is a decision that is sometimes taken too late, and some form of harm can take place between the periods by which an incident can occur.
Investment in the core business or enterprise many times doesn't include technology other than the basic requirements to run the business, nor towards ensuring that the data is secure and all compliances are met. However, in the fast-moving digital world, all industries need to be mindful of their efforts to protect personal data and proper data governance.
Recommendations
To ensure the proper and effective personal data handling practices as per the provisions of the act, the small companies/startups need to work backend and frontend and ensure that they take adequate measures to comply with the act. While such industries have been given more time to ensure compliance, there are some suggestions for them to be compliant with the new law.
Small companies can ensure compliance with the DPDP Act by implementing robust data protection policies, investing in and providing employee training on data privacy, using age-verification mechanisms, and adopting privacy-by-design principles. Conduct a gap analysis to identify areas where current practices fall short of DPDP Act requirements. Regular audits, secure data storage solutions, and transparent communication with users about data practices are also essential. Use cost-effective tools and technologies for data protection and management.
Conclusion
Small-scale industries must take proactive steps to align with the DPDP Act, 2023 provisions. By understanding the requirements, leveraging external expertise, and adopting best practices, small-scale industries can ensure compliance and protect personal data effectively. In the long run, complying with the new law would lead to greater trust and better business for the enterprises, resulting in a larger revenue share for them.
References
- https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1959161
- https://www.financialexpress.com/business/digital-transformation-dpdp-act-managing-data-protection-compliance-in-businesses-3305293/
- https://economictimes.indiatimes.com/tech/technology/big-tech-coalition-seeks-12-18-month-extension-to-comply-with-indias-dpdp-act/articleshow/104726843.cms?from=mdr
Related Blogs
In an era defined by perpetual technological advancement, the hitherto uncharted territories of the human experience are progressively being illuminated by the luminous glow of innovation. The construct of privacy, once a straightforward concept involving personal secrets and solitude, has evolved into a complex web of data protection, consent, and digital rights. This notion of privacy, which often feels as though it elusively ebbs and flows like the ghost of a bygone epoch, is now confronted with a novel intruder – neurotechnology – which promises to redefine the very essence of individual sanctity.
Why Neuro Rights
At the forefront of this existential conversation lie ventures like Elon Musk's Neuralink. This company, which finds itself at the confluence of fantastical dreams and tangible reality, teases a future where the contents of our thoughts could be rendered as accessible as the words we speak. An existence where machines not only decipher our mental whispers but hold the potential to echo back, reshaping our cognitive landscapes. This startling innovation sets the stage for the emergence of 'neurorights' – a paradigm aimed at erecting a metaphorical firewall around the synapses and neurons that compose our innermost selves.
At institutions such as the University of California, Berkeley, researchers, under the aegis of cognitive scientists like Jack Gallant, are already drawing the map of once-inaccessible territories within the mind. Gallant's landmark study, which involved decoding the brain activity of volunteers as they absorbed visual stimuli, opened Pandora's box regarding the implications of mind-reading. The paper published a decade ago, was an inchoate step toward understanding the narrative woven within the cerebral cortex. Although his work yielded only a rough sketch of the observed video content, it heralded an era where thought could be translated into observable media.
The Growth
This rapid acceleration of neuro-technological prowess has not gone unnoticed on the sociopolitical stage. In a pioneering spirit reminiscent of the robust legislative eagerness of early democracies, Chile boldly stepped into the global spotlight in 2021 by legislating neurorights. The Chilean senate's decision to constitutionalize these rights sent ripples the world over, signalling an acknowledgement that the evolution of brain-computer interfaces was advancing at a daunting pace. The initiative was spearheaded by visionaries like Guido Girardi, a former senator whose legislative foresight drew clear parallels between the disruptive advent of social media and the potential upheaval posed by emergent neurotechnology.
Pursuit of Regulation
Yet the pursuit of regulation in such an embryonic field is riddled with intellectual quandaries and ethical mazes. Advocates like Allan McCay articulate the delicate tightrope that policy-makers must traverse. The perils of premature regulation are as formidable as the risks of a delayed response – the former potentially stifling innovation, the latter risking a landscape where technological advances could outpace societal control, engendering a future fraught with unforeseen backlashes.
Such is the dichotomy embodied in the story of Ian Burkhart, whose life was irrevocably altered by the intervention of neurotechnology. Burkhart's experience, transitioning from quadriplegia to digital dexterity through sheer force of thought, epitomizes the utopic potential of neuronal interfaces. Yet, McCay issues a solemn reminder that with great power comes great potential for misuse, highlighting contentious ethical issues such as the potential for the criminal justice system to over extend its reach into the neural recesses of the human psyche.
Firmly ensconced within this brave new world, the quest for prudence is of paramount importance. McCay advocates for a dyadic approach, where privacy is vehemently protected and the workings of technology proffered with crystal-clear transparency. The clandestine machinations of AI and the danger of algorithmic bias necessitate a vigorous, ethical architecture to govern this new frontier.
As legal frameworks around the globe wrestle with the implications of neurotechnology, countries like India, with their burgeoning jurisprudence regarding privacy, offer a vantage point into the potential shape of forthcoming legislation. Jurists and technology lawyers, including Jaideep Reddy, acknowledge ongoing protections yet underscore the imperativeness of continued discourse to gauge the adequacy of current laws in this nascent arena.
Conclusion
The dialogue surrounding neurorights emerges, not merely as another thread in our social fabric, but as a tapestry unto itself – intricately woven with the threads of autonomy, liberty, and privacy. As we hover at the edge of tomorrow, these conversations crystallize into an imperative collective undertaking, promising to define the sanctity of cognitive liberty. The issue at hand is nothing less than a societal reckoning with the final frontier – the safeguarding of the privacy of our thoughts.
References:
Introduction
The mysteries of the universe have been a subject of curiosity for humans over thousands of years. To solve these unfolding mysteries of the universe, astrophysicists are always busy, and with the growing technology this seems to be achievable. Recently, with the help of Artificial Intelligence (AI), scientists have discovered the depths of the cosmos. AI has revealed the secret equation that properly “weighs” galaxy clusters. This groundbreaking discovery not only sheds light on the formation and behavior of these clusters but also marks a turning point in the investigation and discoveries of new cosmos. Scientists and AI have collaborated to uncover an astounding 430,000 galaxies strewn throughout the cosmos. The large haul includes 30,000 ring galaxies, which are considered the most unusual of all galaxy forms. The discoveries are the first outcomes of the "GALAXY CRUISE" citizen science initiative. They were given by 10,000 volunteers who sifted through data from the Subaru Telescope. After training the AI on 20,000 human-classified galaxies, scientists released it loose on 700,000 galaxies from the Subaru data.
Brief Analysis
A group of astronomers from the National Astronomical Observatory of Japan (NAOJ) have successfully applied AI to ultra-wide field-of-view images captured by the Subaru Telescope. The researchers achieved a high accuracy rate in finding and classifying spiral galaxies, with the technique being used alongside citizen science for future discoveries.
Astronomers are increasingly using AI to analyse and clean raw astronomical images for scientific research. This involves feeding photos of galaxies into neural network algorithms, which can identify patterns in real data more quickly and less prone to error than manual classification. These networks have numerous interconnected nodes and can recognise patterns, with algorithms now 98% accurate in categorising galaxies.
Another application of AI is to explore the nature of the universe, particularly dark matter and dark energy, which make up over 95% energy of the universe. The quantity and changes in these elements have significant implications for everything from galaxy arrangement.
AI is capable of analysing massive amounts of data, as training data for dark matter and energy comes from complex computer simulations. The neural network is fed these findings to learn about the changing parameters of the universe, allowing cosmologists to target the network towards actual data.
These methods are becoming increasingly important as astronomical observatories generate enormous amounts of data. High-resolution photographs of the sky will be produced from over 60 petabytes of raw data by the Vera C. AI-assisted computers are being utilized for this.
Data annotation techniques for training neural networks include simple tagging and more advanced types like image classification, which classify an image to understand it as a whole. More advanced data annotation methods, such as semantic segmentation, involve grouping an image into clusters and giving each cluster a label.
This way, AI is being used for space exploration and is becoming a crucial tool. It also enables the processing and analysis of vast amounts of data. This advanced technology is fostering the understanding of the universe. However, clear policy guidelines and ethical use of technology should be prioritized while harnessing the true potential of contemporary technology.
Policy Recommendation
- Real-Time Data Sharing and Collaboration - Effective policies and frameworks should be established to promote real-time data sharing among astronomers, AI developers and research institutes. Open access to astronomical data should be encouraged to facilitate better innovation and bolster the application of AI in space exploration.
- Ethical AI Use - Proper guidelines and a well-structured ethical framework can facilitate judicious AI use in space exploration. The framework can play a critical role in addressing AI issues pertaining to data privacy, AI Algorithm bias and transparent decision-making processes involving AI-based tech.
- Investing in Research and Development (R&D) in the AI sector - Government and corporate giants should prioritise this opportunity to capitalise on the avenue of AI R&D in the field of space tech and exploration. Such as funding initiatives focusing on developing AI algorithms coded for processing astronomical data, optimising telescope operations and detecting celestial bodies.
- Citizen Science and Public Engagement - Promotion of citizen science initiatives can allow better leverage of AI tools to involve the public in astronomical research. Prominent examples include the SETI @ Home program (Search for Extraterrestrial Intelligence), encouraging better outreach to educate and engage citizens in AI-enabled discovery programs such as the identification of exoplanets, classification of galaxies and discovery of life beyond earth through detecting anomalies in radio waves.
- Education and Training - Training programs should be implemented to educate astronomers in AI techniques and the intricacies of data science. There is a need to foster collaboration between AI experts, data scientists and astronomers to harness the full potential of AI in space exploration.
- Bolster Computing Infrastructure - Authorities should ensure proper computing infrastructure should be implemented to facilitate better application of AI in astronomy. This further calls for greater investment in high-performance computing devices and structures to process large amounts of data and AI modelling to analyze astronomical data.
Conclusion
AI has seen an expansive growth in the field of space exploration. As seen, its multifaceted use cases include discovering new galaxies and classifying celestial objects by analyzing the changing parameters of outer space. Nevertheless, to fully harness its potential, robust policy and regulatory initiatives are required to bolster real-time data sharing not just within the scientific community but also between nations. Policy considerations such as investment in research, promoting citizen scientific initiatives and ensuring education and funding for astronomers. A critical aspect is improving key computing infrastructure, which is crucial for processing the vast amount of data generated by astronomical observatories.
References
- https://mindy-support.com/news-post/astronomers-are-using-ai-to-make-discoveries/
- https://www.space.com/citizen-scientists-artificial-intelligence-galaxy-discovery
- https://www.sciencedaily.com/releases/2024/03/240325114118.htm
- https://phys.org/news/2023-03-artificial-intelligence-secret-equation-galaxy.html
- https://www.space.com/astronomy-research-ai-future
Introduction
In the digital entertainment world, OTT platforms have become highly popular and have attracted larger audiences. They offer a wide variety of entertaining content. However, there are certain concerns about depicting illicit or objectionable content on such platforms. The Indian Ministry of Information and Broadcasting (I&B) has been working on tackling issues like the availability of obscene content on online streaming platforms and other platforms. I&B Ministry has taken important steps to prevent the spread of such illicit or objectionable content.
The I&B Ministry has taken action against obscene and vulgar content on OTT platforms. A total 18 OTT platforms and several associated websites, apps, and social media handles have been blocked nationwide. The government has been in consistent talks with these platforms and issued several advisories, but they have not been adhered to. The decision was made after consultation with other ministries, domain experts, and industry bodies. The content allegedly obscene was found to depict nudity, sexual intercourse, and inappropriate sexual acts within societal contexts. The government states that it is the responsibility of platforms to ensure that content is not present in a vulgar fashion. Creativities do not necessarily mean promoting or propagating vulgar and sexual content.
Key Highlights of I&B Ministry Action against Obscene Content
On 14th March 2024, The Indian Ministry of Information and Broadcasting (I&B) announced the blocking of 18 OTT platforms, 19 Websites, 10 apps, and 57 social media handles for displaying obscene and vulgar content. Union Minister for Information & Broadcasting Shri Anurag Singh Thakur has announced the removal of 18 OTT platforms that published obscene and vulgar content, underscoring the responsibility of platforms to prevent the spread of such content. The decision was made under the Information Technology Act 2000 and in consultation with other Indian ministries and domain experts in media, entertainment, women's rights, and child rights.
List of Blocked OTT Platforms
OTT platforms that have been blocked are Dreams Films, Voovi, Yessma, Uncut Adda, Tri Flicks, X Prime, Neon X VIP, Besharams, Hunters, Rabbit, Xtramood, Nuefliks, MoodX, Mojflix, Hot Shots VIP, Fugi, Chikooflix, Prime Play.
It was highlighted that these OTT platforms, despite not being widely popular, have a significant viewership. One app has over 1 crore downloads, while two others have more than 50 lakh downloads on Google Play Store. These platforms also market their content through social media, with a combined followership of over 32 lakh.
Nature of content
The ministry reported that a significant portion of the content on social media platforms was obscene, vulgar, and demeaning, depicting nudity and sexual acts in inappropriate contexts like teacher-student relationships and incestuous family relationships. The content included sexual innuendos and prolonged pornographic scenes without any thematic or societal relevance. It was further stated that the content was found to be prima facie in violation of Section 67 and 67A of the Information & Technology Act, 2000, Section 292 of the Indian Penal Code and Section 4 of the Indecent Representation of Women (Prohibition) Act, 1986.
Way Forward
The press release by the ministry stated that “The Government of India remains committed to fostering the growth and development of the OTT industry. Several measures have been undertaken in this regard, including the introduction of the Inaugural OTT Award for Web Series at the 54th International Film Festival of India, collaboration with OTT platforms in the media and entertainment sector, and the establishment of a light touch regulatory framework with an emphasis on self-regulation under the IT Rules, 2021.”
This shows that the Indian government is dedicated to promoting the growth of the OTT industry but within certain checks or oversight mechanisms to prevent illicit or objectionable content on such platforms.
OTT Content and Regulatory Checks
Online content streaming on OTT platforms lacks regulatory checks, unlike films, which are reviewed and certified by a government-appointed board. The government has instructed streaming services to independently review content for obscenity and violence before it is made available online. There have been repeated instances where criticism has been raised about the illicit or violative depicted content in some OTT shows. This highlights the issue of checks and balances. The government has urged self-regulation on platforms, but the repeated instances of illicit content raise societal concerns. The Ministry of I&B is keen towards promoting ethical & moral standards of content that is being hosted on online OTT platforms.
Conclusion
The Ministry of I&B has taken a step and announced the shutdown of 18 OTT platforms that were engaged in depicting illicit content. This shows that the I&B Ministry is committed to promoting ethical online content. While legislative measures are required to prevent the spread of such illicit or violative content, joint efforts by the government, industry players, and civil society are critical to ensuring a secure and responsible digital environment for all users.
References
- https://pib.gov.in/PressReleaseIframePage.aspx?PRID=2014477
- https://www.thehindu.com/news/national/centre-bans-ott-platforms-websites-and-apps-over-obscene-and-vulgar-content/article67949819.ece
- https://economictimes.indiatimes.com/news/india/ib-ministry-blocks-18-ott-platforms-for-vulgar-content/articleshow/108485880.cms?from=mdr
- https://indianexpress.com/article/entertainment/information-and-broadcasting-ministry-blocks-18-ott-platforms-for-obscene-and-vulgar-content-9213749/
- https://www.storyboard18.com/ott-news/mib-blocks-18-ott-platforms-for-showing-obscene-and-vulgar-content-26400.htm
