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India’s Revised Non-Personal Data Report: Less Than Meets the Eye By Nikhil Sud In July last year, an expert committee established by the Ministry of Electronics and Information Technology (MEITY) released a report on the Non-Personal Data (NPD) Governance Framework for India. My analysis of that report argued that the report had five key shortcomings that could undermine the report’s praiseworthy vision. In December 2020, the committee released an amended report, commendably taking several steps to remedy those shortcomings. However, scratching beneath the surface reveals that some of th...

Key takeaways: Government has carte blanche: Both Personal Data Protection Bill, 2019 and the expert committee report on Non Personal Data give the government wide-ranging powers to collect and analyse data, without adequate safeguards GDPR not ‘revolutionary’: GDPR only evolved existing privacy and data protection laws, it did not radically alter how companies collect and use data Inferred data needs to be dealt specifically: There is a need to strenghten specific provisions to safeguard individual libery and community rights when it comes to inferred data Privacy within context of hiera...

Global antitrust and the challenge of Big Tech Updated: Updated: January 29, 2021 00:46 IST The issue is about checking their monopoly power while encouraging their positive externalities and consumer surplus Share Article AAA The issue is about checking their monopoly power while encouraging their positive externalities and consumer surplus There are ongoing investigations worldwide, including in the European Union and the United States, on the abuse of monopolistic power by the Big Tech firms, especially Facebook and Google. Many compare this with the earlier antitrust investigations in t...

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Key Takeaways No compelling case for NPDA: The revised report does not make enough of a compelling case that the state needs to be involved in Non Personal Data sharing, or that a Non Personal Data Authority needs to be created. Local governments in better place to address data needs: Local or subnational governments may be in a better position to take advantage of private companies’ Non Personal Data, for instance by entering into MOUs or paying a mutually acceptable fee. Conflicts with other bodies: An NPD authority may conflict with other institutions, such as the forthcoming Data Protec...