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Nithya Subramanian The past month has seen an unusual, recurring news item dominate the media cycle: the Bharatiya Janata Party and the Indian government taking on the American social media corporation Twitter. Matters were kicked off in February when a new set of rules for social media platforms and digital news outlets, called the Intermediary Guidelines and Digital Media Ethics Code were announced. Amongst other things, they held that social media platforms such as Twitter and Facebook needed to censor speech as per an expanded – and vague – set of definitions, set up a compliance team that resides in India and take down content within 36 hours of being ordered to do so by the government. ....
April 23, 2021 Advertisement. Scroll to continue reading. Nikhil Pahwa, Editor, MediaNama: So, I think there are lots of issues and lots of points which have been raised. I was wondering if you would like to share your views and your comments. I know we’re starting a little early. But since we have you here, I thought we might want to explore your views on these rules that you’ve been so closely involved with architecting. Rakesh Maheshwari, Senior Director and Group Coordinator of Cyber Law & eSecurity, Ministry of Electronics and Information Technology: Yeah, so first of all, good evening to all of you. I was listening to some of the earlier views in the program. But, thereafter, I was not into the conversation and therefore have lost the points. ....
Key Takeaways No compelling case for NPDA: The revised report does not make enough of a compelling case that the state needs to be involved in Non Personal Data sharing, or that a Non Personal Data Authority needs to be created. Local governments in better place to address data needs: Local or subnational governments may be in a better position to take advantage of private companies’ Non Personal Data, for instance by entering into MOUs or paying a mutually acceptable fee. Conflicts with other bodies: An NPD authority may conflict with other institutions, such as the forthcoming Data Protection Authority (DPA) of India or the Competition Commission of India (CCI), and will need to be in constant deliberations with such organisations to succeed in its goals. ....
#NAMA: Issues with definition of communities, public good, and unabated sovereign access to non-personal data Key Takeaways Issues with definition of communities: The definition of a community is too broad and ambiguous. Besides, several digital communities, which would produce data, may not even be real world communities. Need to seek more accountability from data trustees: Trusts don’t necessarily ensure transparency, and as a result, data trustees need to be held to a higher regard. They should publish annual transparency reports highlighting the high value datasets (HVD) they create, and should be open to judicial scrutiny. High value datasets may have privacy implications: Since the definition of a data trustee and a high value dataset are too broad, high value datasets might potentially contain personally identifiable information (PII), giving way to privacy concerns. ....
Key takeaways: No end-use restrictions on data requesters: There are no audit mechanisms to see if entities that seek data are, in fact, using it for stated purpose (public good or sovereign). Businesses don’t have a say in data sharing: There is no proper mechanism for data businesses to reject requests for data from data trustees. Businesses will have to deal with high compliance costs: Businesses, small and big, will have to think about compliance mechanisms for both PDP and NPD frameworks. Proxy issue a real concern: A company could theoretically set up a Section 8 company to set up a HVD, and seek data from other data businesses. ....