Thank You, Kris Gopalkrishnanji
kris.gopalakrishnan@outlook.
What for ?
For “ in principle “ acceptance of my suggestion for creation of IndiaDataCustodian authority
Can you elaborate ?
Here is that news report :
Kris Panel on Data calls for National NPD ( Non Personal Data ) Authority / ET / 11 Nov 2021
Extract :
Ø The Kris Gopalkrishnan-led committee, tasked with defining the REGULATORY STRUCTURE for use of non-personal data ( NPD ) in the country, has recommended the establishment of a NATIONAL NPD AUTHORITY in the draft bill … Non-personal Data is information that is stripped of Personally Identifiable Material
Ø The ..panel.. also lays out provisions under which companies that control high amounts of data will be classified as “ DATA BUSINESSES “ , as well as what will constitute as a “ HIGH VALUE DATA SET “
Ø The draft report envisages the setting up of several DATA TRUSTS by the government, which can ask for HIGH VALUE DATA-SETS – that are ANONYMOUS and will NOT IDENTIFY INDIVIDUALS – from companies like Google and Amazon
Ø These DATA-SETS can be sought by the Government or by OTHER COMPANIES
Ø The PRICE at which the DATA-SETS will be shared will be left to the working of MARKET FORCES
Ø The panel has “ rounded off the edges and made the report more palatable and done some fine tuning on aspects such as DATA SHARING , to make things easier and clearer for the industry “
Ø While the core principles of the original report remain intact, some of the ambiguities have been removed
Ø The Committee has taken cognizance of the people’s doubts and provided more clarity
Ø This makes India one of the first countries to have a DRAFT LEGISLATION to regulate NPD even as other nations with large amounts of data are still weighing in on the contours of a legislation
MY TAKE :
Ø Kris Panel has accepted that,
# Personal Data can be treated / accepted as NON PERSONAL DATA, if it gets ” Anonymized and
Aggregated “
# Such NPD has a MARKET PRICE and can be SOLD / PURCHASED by companies and government
# Govt to set up several DATA TRUSTS , which can BUY ( and SELL ? ) – data sets
Ø What disappoints me is that in the draft report there is no provision for :
# Treating every citizen to be the sole / absolute OWNER of his PERSONAL DATA , even if it is part
of an Anonymized / Aggregated DATA SET
# Every time anyone ( Company / Individual / Govt ) buys a NPD DATA SET from anyone , the
citizen will get a share of the PURCHASE PRICE, if that DATA SET includes his own profile
Dear Shri P P Chaudhuryji
( Chairman, Joint Parliamentary Committee on Data Protection ),
Kris Panel has laid out the broad frame-work
But a LAW needs to spell out the MECHANISM / the digital PLATFORM, which will firmly REGULATE / MONITOR / ENFORCE, the citizen’s right to Personal Data Ownership and monetizing that data
To enable citizen to exercise these fundamental “ Data Ownership Rights, I urge your Committee to consider implementation of my following suggestion :
SARAL ( Single Authentic
Extract :
What does that stand for ?
Single Authentic Registration
Advantage ?
No filling up / editing, your personal data, again and again, on hundreds of web sites. Just ONE site !
Preventing web sites to demand – and use – your personal data which they don’t need
Enabling users to make money by “selling “their personal data
How much money can user ( possibly ) make by selling personal data ?
$ 4 / month, from each website ( x 100 incidences / month = $ 400 pm = Rs 30,000 per month )
What DATA will be submitted on www.IndiaDataCustodian.gov.in ?
Data will be submitted at 10 DATA LEVELS – described in detail at :
Only Answer : a Statutory Warning [
How will other web sites “Access “ these data of a user ?
All web sites / mobile apps will enable a user to login by clicking ,
“ Log me with www.IndiaDataCustodian.
No user will need to submit any personal data directly on ANY web site / mobile app
Each user would need to select / specify ( on IndiaDataCustodian.gov.in )
User will also select / specify which DATA LEVEL can be “ sold “ to what kind of web sites
The “ Sale Price “ for each DATA LEVEL will be fixed by IndiaDataCustodian.gov.in
The “ for sale “ DATA will NOT reveal the identity of any user.
It will be always anonymized / aggregated for a few hundred / few thousands users, based on “demographic profile “ configured by the buyer web site online ( on IndiaDataCustodian.gov.in ) and the purchase price paid online ( DBT to each User’s Bank account )
------------------------------
Dear Shri P P Chaudharyji,
Your Committee meeting yesterday could not approve the DRAFT since various Committee Members raised following questions ( source : Consensus eludes panel on Data Bill / Business Line / 13 Nov 2021 ) :
Ø We had unanimously recommended that these provisions are not enough and it should be made stronger. But the new draft does not have those provisions to our surprise
Ø We asked the Chairman whose interest is the panel supposed to protect ? Of fiduciaries or citizens ?
Ø It seemed to us that the Centre has a specific agenda to protect the data fiduciaries. We told him that if we continue like this, the committee will become a laughing stock
Ø We should not delay it further. But it should not be a half baked law which will not strengthen the privacy of citizens. We will submit the report in the first week of winter session
Ø There will be dissent notes to the report and to the Bill. Holistic views on the Bills will be given
Ø Cases of breach of privacy are dealt by States. One Central authority sitting in Delhi cannot deal with such issues. The Chairman, however, has a different view. We will give dissent notes
I urge you to incorporate my suggestion in your amended draft and re-circulate for consideration / discussion on 22 Nov meeting. Beyond doubt, it will prove to the Members that the interests of the Citizen comes first
When the Bill gets introduced in Lok Sabha, it will find whole-hearted support from Opposition Parties
And countries which are on look out for an alternative which is far better than GDPR , will copy your draft !
With Regards,
Hemen Parekh / hcp@RecruitGuru.com / 13 Nov 2021
Related Readings :
Digital Dividend from Demographic Data [ 4 D ]……………. [ 14 Feb 2019 ]
This describes the process of :
> Creation of DATA-SETS ( Anonymized Profiles of Citizen )
> Sale / Purchase / DBT of Sale-proceeds to each Citizen
Only Answer : a Statutory Warning…………………………………..[ 10 Nov 2018 ]
Thank You, Smt Meenakshiji ……………………………………………..[ 07 Jan 2021 ]
Congrats Smt Meenakshi Lekhiji
Privacy For Sale
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COPY TO : Members of JPC for Data protection Bill
Member Name | Party | E Mail ID |
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P P Chaoudhary | BJP |
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S S Ahluwalia | BJP |
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Tejaswi Surya | BJP |
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Ajay Bhatt | BJP |
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Col R Singh Rathore | BJP | rajvardhan.rathore@sansad.nic.
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Sanjay Jaiswal | BJP |
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Kirit Solanki | BJP |
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Arvind Dharmapuri | BJP | arvind.dharmapuri@sansad.nic.
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Dr Heena Gavit | BJP |
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Uday Pratap Singh | BJP |
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Rajiv Ranjan Singh | JDU |
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Gaurav Gogoi | Congress |
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S Jothi Mani | Congress |
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Prof Saugata Roy | TMC |
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Kanimozhi | DMK |
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P V Midhun Reddy | YSR Congress |
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Dr Shrikant Shinde | Shivsena |
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Bhartruhari Mahtab | BJD |
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Ritesh Pandey | BSP |
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Bhupendra Yadav | BJP |
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Suresh Prabhu | BJP |
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Rajeev Chandrasekhar | BJP |
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Ashwini Vaishnaw | BJP |
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Jairam Ramesh | Congress |
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Vivek Tankha | Congress |
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Derek O’brien | TMC |
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A Navneethkrishnan | AIDMK |
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Ram Gopal Yadav | TRS |
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Amar Patnaik | BJP |
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