Dear Friends :
I understand you are , in some way , associated with
the drafting of recommendations for proposed “ DATA
PROTECTION LAW “ , and have invited comments / suggestions
from citizens
Before deciding to discard my following suggestion , I
urge you to at least , debate it among yourselves
If desired , I am willing to make a
presentation before your committee
With Regards,
hemen
parekh / mumbai
(
M ) +91 - 98,67,55,08,08
www.PrivacyForSale.com
===============
The
Supreme Court announced two days back :
“ Right to Privacy “ is a Fundamental Right
Since
then , millions of words have got written in news-papers and on web sites and
equal number of words got spoken on TV channels
Experts
have opined that , like all other Fundamental Rights , this too is subject to “reasonable restraints “
If
I have the patience to read those millions of words , I would know what “ reasonable restraints “ are acceptable to the Supreme
Court
I
am presuming that one of this could well be :
Notwithstanding
anything written elsewhere in this judgement , a person shall have unrestricted
/ unfettered right to SELL his own PRIVATE data to anyone for a monetary
consideration ( or for bartering his / her private data for someone else’s data
? )
After
all , in his judgement didn’t Justice R F
Nariman write :
“
The dignity of the individual encompasses the right of the individual to
develop to the full extent of his potential
And
this development can only be if an individual has autonomy over
fundamental personal choices and control
over dissemination of personal information which may be infringed through an unauthorized use of such information “
See
, not a word about “ authorized
use of personal information “
!
Hence
, nothing stops me from “ selling my
personal information “ by entering into a valid / legally
enforceable CONTRACT with
anyone !
Government
has constituted a committee to “ identify
key data protection issues “ and
submit a draft Data Protection Bill .
It
is headed by former SC justice B N SriKrishna and has members from DoT / IT
Ministry / UIDAI and others
I
urge this committee to incorporate my following suggestion while submitting its
recommendations
===============
# PREAMBLE
Every citizen has a right to Sell / Barter his personal
information for monetary
Considerations
Any citizen or a commercial enterprise, will be at liberty to BUY such personal data
from any such willing person for commercial purpose
# PLATFORM
Such SELL / BUY service will have to be online ,
on platforms such as :
Such online
platforms can be set up by any entity ( individual or a company )
and will
need to be registered with Ministry of Information Technology / Ministry of Law
/
Income Tax Department etc and will require
GST registration too
# USERS
There will be two kinds of users who will register on this site , viz:
* " Sellers "
, who want to sell their
personal data / information
* " Buyers " , who want to buy personal data / info for commercial use
# REGISTRATION FORM
For both type of users , the Registration
Form will require to submit following details
:
* Personal Details ( Name
/ DOB / Gender / Nationality / Bank Account No / Photo /
Aadhar Number / PAN etc )
* Family Details ( Who are members of immediate family ? )
* Contact Details ( Address
/ Mobile No / Email ID / Skype - FaceTime ID /
WhatsApp .. etc )
* Social Media Footprint
To ensure that , in order to make money , people do not create / upload , FAKEprofiles of themselves , they will need to
provide User ID / Password for their existing registrations
at :
# Social Media Sites……. ( Facebook /
LinkedIn / Twitter etc )
#
Job Portals / Matrimonial Sites /
E Commerce Sites etc
#
Messaging Apps………. ( WhatsApp / WeChat /
Skype etc )
#
Mobile Apps / Search Engines
/ Govt web sites
#
Banks / NBFC companies
/ Mobile Wallet Companies etc
This
will also enable www.PrivacyForSale.com , to scrap /
compile following type of info / data about the SELLER ( information about me , which , until the
arrival of above-mentioned
online services , was known to only a few ) :
Information
such as :
· Who I am ( name )
· Where
and when, I was born / who were my parents
· Where
I grew up / where I live currently
· Do
I live in a rented place or in an owned flat
· What
Schools / Colleges I attended (- and degrees I acquired )
· What
Companies I worked for and salaries I got
· How
do I travel to work (own vehicle or public transport )
· Where
I go for my holidays / what books I read
· Who
I married and who are my children (- and how many )
· If
divorced, how much alimony I pay and to whom
· Where
do I invest my money ( Banks – Funds – Equity etc )
· How
much I have borrowed, from whom, and for how long
· My
Credit Rating ( including my spending history / card wise – wallet wise )
· What
are my eating ( food ) preferences and the restaurants I visit
· What
I do for entertainment ( Music / Movies / Videos )
· What
clothes I wear and how often do I buy
· Who
are my friends and how often I phone / text them / meet them
· What
ailments I suffer from and what medicines I take
· What
minor offences ( traffic ) or crimes that I have committed
· What
elections I have contested ( won and lost )
· Who
are my doctors / lawyers / brokers / agents etc
· What
web sites I visit and how often and for how long
· What
do I search on the Net / what RSS feeds I subscribe to
· What
TV channels I watch and Radio Stations that I listen to
· Every
photo of mine ever taken ( Selfie or otherwise )
· Every
phone call that I ever made or received ( from my mobile )
· Every
Email / Text message that I ever sent or received
· Every
blog / comment that I ever posted on the Web
· Every
face-to-face communication that I engaged in
· What
“ moods “ I am experiencing 24*365 ( picked up by everything that I wear )
This
will ensure that the software will be able to “ cross check “ personal data across a SELLER’s entire LIFE ENGAGEMENTS , to ensure that it is genuine
* Cultural Exposure ( Countries visited / lived-in , with stay-periods
/ Foreign friends )
* Educational Details ( Degrees / Colleges ) . Sellers having degree will get ranked higher
!
* Language Details ( Languages
spoken / fluently - reasonably well )
* Experience Details ( Where worked / for how long ) .Young / educated /
employed, Sellers will get ranked higher !
Based
on the completeness of the Registration
Form details , a software will rate and rank the SELLERS , which will be visible to the BUYERS
It
will be MANDATORY to update / edit the data submitted, every 3
months
Upon
registration , users will be assigned USER ID and PASSWORD
# SEARCHING DATABASE OF SELLERS
BUYER will be able to search the database of the
registered SELLERs , to generate
different DEMOGRAPHIC PROFILES of
the SELLERs
BUYER will be able to store such short-listed records
into his online “ History
of Short-
listed Profiles “ page ,
for future reference
Whenever desired , BUYER will be able to
select any Short-listed
Demographic Profile,
add to a SHOPPING CART and
click BUY , to complete
the PURCHASE TRANSACTION
and download the database
# SELLING PRICE
BUYERS will pay Rs 10 per each individual SELLER
RECORD purchased from the portal
This will be the BASE
PRICE for one record of each Seller , to begin
with
How this price will rise with the POPULARITY of
a given Seller’s data , is explained later
Portal will credit this amount to the
Bank Account of the concerned SELLERs , after
deducting
· 10
% as its own commission
# PAYMENT MECHANISM
Using online payment gateway , each BUYER will
deposit a minimum of Rs
100,000
on the portal as PRE-
PAID amount into his online account
As a BUYER continues , buying these online
database records , credit balance will get
displayed
There will be facility for online ( or
through Mobile ) re-charging of the account
# REPUTATION SYSTEM
At some future date , it should be possible ( through appropriate software ) ,
to
introduce following variations in pricing of the database :
* Surge Pricing
Depending upon the DEMAND of any given data-record in one month
* Reputation Pricing
Software will keep record of the “ Number of Times “ , each Seller’s record gets
downloaded and revise upward , the SALE PRICE ( for the record of that person )
This number will be displayed to the Buyers ( next to each record )
For every 100,000 downloads
of a given record , the SALE
PRICE will get revised
upwards by Re 1 / - ( from Rs 10 to Rs 11 )
# USAGE HISTORY
For each user ( SELLER or BUYER )
, there will be a Usage History page
of all the past
transactions including the Credit Balance (
for the BUYER ) and the Earnings (
for
the SELLER )
# PRIVACY
The portal will NOT reveal
any info / data of any SELLER to anyone else other than
the registered BUYERS
However , portal will be obliged to
subject those transactions to BIG DATA analytics
and make available to the Central Government , DEMOGRAPHIC PROFILES of both ,
the SELLERS and the
BUYERS , for helping in deciding various types of Subsidies (
through DBT ) or for the introduction of UNIVERSAL BASIC INCOME
# BUSINESS MODEL
Business Model will be in the nature of
" Sharing Economy "
, where those owning /
possessing " Idle / Spare /
Under-utilized " assets / resources , will offer the same to
those in need / when in need , for a price
Both parties benefit . Economy also benefits by fuller utilization of the
spare/surplus
capacities of
millions of assets
All
in all , I think this is a great opportunity for some Indian Start Up to seize
# POINTS FOR
COMMITTEE CONSIDERATION
· On
this portal , can a SELLER be
a BUYER ( and vice versa ) as
well ?
· Does
a SELLER need to have a GST registration
number ?
He
/ she has not “ purchased “
own data but only “ generated “
it through transactions carried out during life-time . So , there is no “ input credit “ which can be offset
Should
a SELLER still be required to obtain a GST registration number ( as an
individual ) and have a GST rate of 0 % ?
· A
Buyer may end up paying for same SELLER-DATA ,
many times ( over and over ) , if that same SELLER’s data-record appears under
various DIFFERENT demographic
profiles , being short-listed and saved by the BUYER
Must
he be made to pay repeatedly for the same record ?
· Should
a Buyer be at liberty to SELL ( secondary sale ) same record to
others ( not registered as BUYERS on www.PrivacyForSale.com ) ?
It
is almost certain that , a record for which he has paid Rs 10 , he will sell to
50 others , for Rs 2/- each ( and make a profit of Rs 90 / - )
Should
/ could such “ Re-Sale “ be
prevented through some encryption during
downloading ?
Or
, this may be permitted ( even encouraged ? ) if a method can be found to levy
/ collect a GST of 25 % ( of
that Rs 2 / - resale price ), every
time such re-sale takes place ?
I
believe , technology is available which can track
any attempt ( on the part of the original buyer ) to “ resell “ the downloaded records
and stop such resell unlessGST got paid first !
· Since no Data Protection Law will be able to stop businesses to
collect my personal data and then , by selling it , make a profit , then why should I be deprived of making
money from my own data ?
Why
not “ legalize “ what is
currently , an “ illegal trade “
and , hopefully get rid of the thriving “ BLACK MARKET “ in sale of privacy ?
Just
type in Google ( in inverted commas ) :
“ Sellers of Private Data in India “ ,
to
come across [ About
10,80,00,000 results (1.22
seconds) ] – all
Illegal ?
Does
any individual or a government agency have the required resources to :
· First
determine that one – or more – of these entities have collected / compiled my
personal / private DATA , without my explicit and written permission and , is
selling it to others
· Launch
prosecution against these ?
And
, does our Courts , already saddled with 30
MILLION cases ( some pending forDECADES )
, have resources to listen to these NEW data-breach
cases ?
Can
one expect these 108 MILLION entities
to register as BUYERS on this
portal ?
Most
likely !
Can
we expect some of these to rush and book URL ( www.PrivacyForSale.com )
and launch such a portal before the DATA PROTECTION Committee comes out with its
recommendations ?
Very
likely !
Here
is what SC judgement said :
“
Informational privacy is a facet of the right to privacy.
The
dangers to privacy in an age of information can originate not only from the
state but from non-state actors as
well ”
IF
YOU CANNOT LICK THEM , JOIN THEM / MAKE BEST OF A BAD BARGAIN
26
Aug 2017
www.hemenparekh.in /
blogs
No comments:
Post a Comment