A Matter of Motive
----------------------
Today’s
papers are full of reports re Government cancelling its plan to create a “ Social Media Monitor Hub “
Reason
?
In
the eyes of the public , government’s motives were suspect
Motive
was :
“
According to the RFP document , a TECHNOLOGY PLATFORM was needed to collect digital media chatter from all core social media platforms as well as digital platforms such as news, blogs
The
platform was expected to provide AUTOMATED REPORTS , TECTICAL INSIGHTS and
COMPREHENSIVE WORK-FLOWS to initiate engagement across digital channels “
No
wonder , during the hearing, Justice D Y Chandrachud had noted:
“
If the government is seeking to monitor every single tweet and WhatsApp message
that is sent , we will be moving towards becoming a surveillance
state “
But
would public oppose with my following suggestion ? :
Declare motive as follows :
Government
wants to,
#
Protect the RIGHT to PRIVACY of its citizens ,
under the proposed “ Data Protection Law
“ , by creating a platform where Indian citizens can VOLUNTARILY upload / store their
PERSONAL
/ PRIVATE data, which will remain in the SAFE CUSTODY of
Data Protection
Authority [ DPA ]
DPA will be a CONSTITUTIONAL and STATUTORY authority , in the same manner as the
Election Commission and its Chief will report to the President of India
This will ensure its total independence from all other wings of the
government
By
relevant clauses of the proposed Data Protection Law , DPA cannot share any
data of
any citizen who has registered on the Data Custody
Platform , with any government
department
or agency
This will ensure that the government cannot turn into a “ Surveillance State “
#
Enable its citizens to avail of the online services of web sites / mobile apps
etc , without
worrying about any misuse of their Personal / Private Data by these Data
Fiduciaries
#
Sue those Data Fiduciaries , on behalf of the citizens , in case of any such
misuse
#
Extend the principle of “ Data Ownership “
by enabling its citizens to SELL their
Private
Data ( what is ownership without being able to sell what you own ?
)
I
am sure citizens would welcome any such VOLUNTARY
MECHANISM and enthusiastically support it
Here
is the context :
Say
1 billion Indian citizens have given their “
Consent “ [ - without any appreciation of what it could mean to their Personal
Data misuse ], to some 200 web sites ( Data
Fiduciaries ) , by registering on those web sites and saying,
“
I accept the TERMS and CONDITIONS “ . Sometimes , not even that much !
That
adds up to 200 Billion individual “ Ghost Contracts
“
There
is no way for an individual citizen to come to know , “ which “ fiduciary has misused “ what
“ personal data , of “ who “ , and “ when “ .
No
way ( time – money wise ) for an individual to launch a court case
But
, under proposed Data
Protection Law , government has an opportunity to “ turn the tables
“ !
By
launching a “ Data Custody Platform “ , to be
called ;
which
will work as follows :
#
Indian citizens will voluntarily upload their Personal Data on this platform at
4 levels ,
as described at :
#
No Indian Citizen will need to fill up REGISTRATION forms on web sites of
fiduciaries
#
Web sites of all fiduciaries , will enter into individual CONTRACTS with DPA (
so 200
contracts in place of 200 billion contracts ! )
#
Whenever , any Indian citizen wants to use the online services of any fiduciary
web
site, he will simply click :
“ Log me in with www.IndiaDataCustodian.gov.in
“
#
Fiduciary web site will have a protocol with Data Custody web site , under
which the
Data Custody web site will merely “ Authenticate “ the genuineness of the user
,
WITHOUT sharing any data of that user
There will be no “ mirroring “ / “ cloud storage “ / “ cross-border migration “
of data
All data will always stay safe and secure on the LOCAL SERVER of Custody Web
site
--------------------------------------------------------------------
#
On Custody Web site , there will be following provisions :
· Registering
Indian Citizen, can select which ( level ) of his personal data can be sold ( -
which will always and only be in an “ anonymized “ form ) .
· Of
course , the selling price will be decided by the Custody Web site , with
provision for “ Surge Pricing “ as explained in ,
· He
can also decide / select ( from appropriate drop lists ) , which ( level ) of
his personal data , can be allowed to be authenticated ( by Custody Web site )
to which fiduciary web site
· He
can edit his personal data at any time ( but at least , once a year )
· He
can edit his “ Authentication Selection “ at any time
· He
can “ De-activate “ his data for any given period
· If
DPA receives any compensation from any fiduciary for any misuse of data ( eg :
proposed 4 % of annual revenue – as in GDPR ) , it will be shared equally among
ALL the registered users . This will act as a positive INCENTIVE for Indian
citizens to come forward to register on Custody Web Site
· If
an Indian citizen is NOT registered on Custody Web site , DPA will not fight
his case in case of any misuse of data that he has directly given to any
fiduciary . He will have to fight his own case , based on what “ consent “ he
has given to it
· Custody
Web site shall employ appropriate software to scour the entire web and compile
all “ Web based Interactions / Engagements “ of the registered users
By registering , the user gives his consent
in this regards but on clear understanding that this will not be shared with
any other party / agency but only for the explicit purpose of generating
DEMOGRAPHIC / SOCIAL / ECONOMIC ( but not Political ) profiles of the Indian
citizens , for common use by anyone
· Since
all E Commerce web sites are covered by my suggestion , there will be no
need for a separate provision ( for Data Localization ) under the draft E Com
Policy
· Any
fiduciary web site that is unwilling to enter into an agreement with the DPA (
as outlined above ) ,shall be stopped from operating in India ( - and that
covers Google / Amazon etc )
· For each registered user , on Custody Web Site , there will be a
password protected page , where he can see his " Earnings History "
along with amounts deposited from time to time , in his Jan Dhan Bank account
·
I
urge the Central Government to publish my suggestion and invite comments from
the Data Principals and Data Fiduciaries
O4
Aug 2018
www.hemenparekh.in / blogs
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