Enforcing is difficult ?
--------------------------
A few days back , Shri B N Srikrishna ( of committee
for drafting “ DATA PROTECTION LAW “ ) . said :
“ Drafting a Data Protection Law is not so difficult
but enforcing it will be very difficult “
Why ?
First reason :
Courts will find it extremely difficult ( if not
impossible ) to “ interpret “ correctly , the “ intended
meaning “ of the following terms / words , likely to be used in that law
:
# Private
# Data
# App
# Permission
# Access
# Download
# Sign
# Rights
# Own
# Personal
# Share
# Entity
# Processing
# Obligation
# Handling
# Collection
# Use
Second Reason :
Technology for collecting / compiling, personal /
private data of unsuspecting citizens through use of AI is expanding by the
hour !
After looking at the following announcements in the
past few months , I wonder if the proposed law will become “ obsolete “ by the
time President signs it :
*
Seeing AI
* Privacy-invading Apps
https://www.zdnet.com/article/hundreds-of-apps-are-using-ultrasonic-sounds-to-track-your-ad-habits/
I have a lurking suspicion that enforcing any
DATA PROTECTION LAW is more likely to be impossible than merely
difficult !
With millions of manufacturers ( located all over the
world and beyond Indian jurisdiction ) of ,
IoT DEVICES / MOBILE TELEPHONE SERVICES /
INTERNET SERVICES / MOBILE APPS / OPERATING SYSTEMS / E COMMERCE PORTALS / ONLINE HEALTHCARE SERVICES
/ FINTECH SERVICES /
MOBILE WALLETS / ONLINE BANKING / CREDIT-DEBIT CARDS / ATMS ,,,,etc etc ,
- who will you catch ( for alleged breaking of Data
Protection Law ) , how will you prove guilt and how long might that take ?
And remember , every law that everyone gets obliged to
break , on almost daily basis , and whose enforcement is impossible , gives
rise to massive corruption by a tribe called “ Law Enforcement Agencies “
!
Like paying haftas for everything you do to survive !
14 June 2018
www.hemenparekh.in
/ blogs
With Regards,
hemen
parekh
(
M ) +91 - 98,67,55,08,08
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