Shri Salman Warisji ( TechLegis )
Shri NS Nappinai ( Advocate – Supreme Court )
I just happened to read your comments at :
Experts flag lack of laws on govt use of citizen data
In that context, you might want to peruse following mail
With regards,
Hemen parekh / hcp@RecruitGuru.com / www.hemenparekh.in
From: Hemen Parekh [mailto:hcp@recruitguru.com]
Sent: 22 February 2022 13:02
To:
'Cabinet July 2021'; 'rajyasabha1_2020'; 'rajyasabha2_2020'; 'loksabha1_2020'; 'loksabha2_2020'; 'loksabha3_2020'; 'Chief Minister 2021'; 'BJP National Executive'; 'Editors'; 'TV Anchors'; 'Business Leader'; 'Indian Think Tanks'; 'TIMESjourno'; 'amitabh.kant@nic.in'; 'vch-niti@gov.in'; 'fmo@nic.in'; 'cea@nic.in'; 'bibek.debroy@gov.in'; 'van@ifmr.ac.in'; 'eam@mea.gov.in'; 'drjitendras@gmail.com'; 'moshealth.akc@gov.in'; 'alav@ias.nic.in'; 'cm@karnataka.gov.in'; 'CM Mah'; 'office@rahulgandhi.in'; 'kc.venugopal@sansad.nic.in'; 'kcvenugopal.org@gmail.com'; 'gkishanreddy@yahoo.com'; 'tc.gehlot@sansad.nic.in'; 'niti'; 'hardeepsinghpuri@yahoo.com'; 'nitin.gadkari@nic.in'; 'd.pradhan@sansad.nic.in'; 'assocham@nic.in'; 'info@cii.in'; 'Hm.moca@nic.in'; 'prahladp@sansad.nic.in'; 'jyotiraditya.scindia@sansad.
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Subject: Thank You, Rajeev Chandrasekharji / FIRST FEEDBACK ON DATA POLICY / LAST WORD ?
Thank You, Rajeev Chandrasekharji,
For taking the first step towards MONETIZATION of Non-Personal Data ( Aggregated and Anonymized Personal Data ), as advocated by me ( through my e-mails ) over the past 4 YEARS, including the following :
Data Protection Dithering ?.............................
MY FEEDBACK :
Ø The policy provision to enable Govt to “ monetize “ data in its possession, is welcome, but, as I have repeatedly stressed over the years, the MAIN FOCUS must be to enable the Citizens to monetize their own Personal Data ( which, everybody agrees, belongs to the citizen but nobody helps him to SELL it )
Ø Already big Social Media sites / E-com sites / Fintech sites and umpteen other businesses, are all compiling User’s Personal Data ( hiding behind vague “ I agree / I accept “ links ) and earning tons of money by selling the same to Advertisers ( or anyone willing to pay for it )
Ø Your draft policy ( as far as I can make out ), will only add “ insult to injury “ to the Indian Citizen, because now, besides those SOCIAL BLOOD-SUCKERS, even the Government will start making thousands of crores of Rupees, by resorting to the same tactic – leaving the citizen high and dry !
Ø In my earlier emails, I have demonstrated how implementation of my following suggestions, will enable each User to earn upto Rs 30,000 per month :
Digital Dividend from Demographic Data [ 4 D ]………… …………….[ 14 Feb 2019 ]
SARAL ( Single Authentic
Only Answer : a Statutory Warning …………
Ø I am happy at the concept of “ India Data Council “ ( in the footsteps of GST Council ), with participation of all the State Governments
Ø However, for complete involvement / participation in the DATA LICENSING – DATA MONETIZATION process, I urge you to extend membership of IDC to ASSOCHAM – CII – FICCI – NASSCOM – Internet Freedom Foundation – relevant THINK TANKS ( and anyone who will speak on behalf of the Citizen )
Ø This is my initial feedback
Ø I urge you to be TRANSPARENT and publish all feedbacks received, on MeITY website
With regards,
Hemen Parekh / 22 Feb 2022 / hcp@recruitGuru.com
Context :
India's draft data policy unlocks govt data for all, mulls monetisation / Busi Standard / 22 Feb 2022
Extract :
Ø The government on Monday published a draft data policy for public consultation, which says all data collected, generated, and stored by every government ministry and department will be open and shareable barring certain exceptions.
Ø Also, detailed datasets that have undergone value addition could be monetised by the government.
Ø The policy document, called “Draft India Data Accessibility & Use Policy 2022”, prescribes that a regulatory authority called the Indian Data Council (IDC) and an agency by the name India Data Office (IDO) will oversee framing metadata standards and enforcement, respectively.
Ø While the IDC will comprise the IDO and data officers of five government departments, the IDO will be constituted by the Ministry of Electronic and Information Technology (MeitY) to streamline and consolidate data access and sharing public data repositories across the government and other stakeholders.
Ø The IDC’s tasks will include,
# defining frameworks for defining high-value datasets,
# finalising data standards and metadata standards, and
# reviewing the implementation of the policy.
The nomination of departments and state governments in the IDC will be by rotation with a tenure of
two years for one department.
Ø According to the draft policy, stakeholders like ,
# Start-ups,
# other Enterprises,
# Individuals and
# Researchers
- will be able to access enriched data through data licensing, sharing, and valuation within the
frameworks of data security and privacy.
Ø “The core objective of this policy seems to be purely revenue generation. It lacks clarity on a number of things such as how a high-value dataset will be defined” said Apar Gupta, executive director at the Internet Freedom Foundation.
Ø Also, data standards that cut across domains will be finalised by the IDC and, once done, adopted by all government ministries and departments concerned.
Ø Although a background document for the draft policy talks about the Personal Data Protection Bill and Non-Personal Data Protection Framework, the draft policy doesn’t clearly state how areas of it overlap, like how the consent and anonymisation of an individual’s data that resides with the government will be dealt with, say experts.
Ø “ The government’s efforts are towards monetisation, which itself follows from the NITI Aayog’s thinking that all non-personal data is national resource. This policy may also see a big push-back from big tech firms as their business models are based on monetising this kind of large-scale data,”
Ø The draft policy also looks to provide for the time frame of the government holding datasets.
Ø "We welcome the initiative by the government to seek public comments on the Draft India Data Accessibility and Use Policy, 2022, which aims to enhance data access to start-ups through mechanisms such as data licensing, develop metadata standards, as well as prescribe norms for data security and privacy," said Kazim Rizvi, founder of policy think-tank The Dialogue.
Comments forwarded to : Ms. Kavita Bhatia, ( kbhatia@gov.in / pmu.etech@meity.gov.in )
Related Readings :
India Data Accessibility and Use Policy : Background Note
India Data Accessibility and Use Policy
Comprising :
1 Preamble
2 Objectives and Purpose
3 Definitions
4 Applicability
5 Principles
6 Institutional Framework
7 Making Data Open by Default
8 Govt-to-Govt Data Sharing
9 Integrated Data Portals
10 High Value Data Sets
11 Pricing and Licensing
# Minimally processed Data Sets will be made freely available. Only detailed data sets that have
undergone value addition / transformation and qualify for monetization , may be priced
appropriately
# For restricted access data sharing, pricing of the data-sets as decided by the owner government
department or agency , must be notified in a transparent manner
# Incentivize data sharing through creative licensing frameworks and enable price discovery
through novel monetization models to aid Ministries – Departments for identifying and sharing ,
priced data sets
12 Data Quality and Meta Data Standards
13 Data Anonymization and Privacy Preservation
14 Data Retention
15 Capacity and Skill Building Measures
16 Data Sharing Tool Kit
17 Policy Monitoring and Enforcement
18 Implementation Manual
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