(The Political Line newsletter is India’s political landscape explained every week by Varghese K. George, senior editor at The Hindu. You can subscribe here to get the newsletter in your inbox every Friday.)
India’s new draft Digital Personal Data Protection Bill (DPDP), 2022 is being debated intensely. Privacy activists and legal scholars are concerned that the draft is going in the wrong direction, with the government giving itself too much power to collect data, and snoop on people. Data governance is getting more complex and stakeholders are increasingly struggling to find common ground. Data fiduciaries are two types - private and government. The most fundamental conceptual question about regulating data is who will have the last word - the state or Big Tech. The only reasonable answer to that question is that state should have the final authority. World over, governments are asserting their authority over big data. The draft DPDP bill reiterates state authority and sovereignty over all questions related to data, including trade related issues. Some critics argue that it is state overreach in disregard of individual privacy. Before I offer my own thoughts, here is a quick survey of the debate so far.
For an overview of the draft -- regarding collection, purpose, storage and use of data, see here. On all four points, the draft tilts the scale in favour of data fiduciary against data principal, this piece suggests.
The Bill gives sweeping powers to the state, as there are many vague and broad provisions and definitions that leave scope for interpretation, and rule making and appointment powers vested with the government.
For an even more detailed exposition of the power being claimed by the state particularly for surveillance, see this.
According to Retd Justice B. N. Srikrishna, who had proposed the first draft of the Personal Data Protection Bill in 2018, says latest, fourth draft is fundamentally flawed as it would permit, and may encourage, the executive to act capriciously and infringe on the fundamental right of privacy of personal data. He thinks that the proposed regulator will be a puppet of the government and will have no independence. Excerpts can be seen here.
Junior minister for IT, Rajeev Chandrasekhar thinks these concerns are misplaced. He said the proposed Data Protection Board will be independent and will not have any government officer on the board.
Regardless of all pitfalls, including the real risk of the use of the data by the state to control citizens, it will still be better than private entities being allowed to be the unregulated custodian of all data, and free to use as they please all the technologies that they own. How the state must conduct itself in dealing the data is a more complicated question. With or without law, the state does a lot of things including surveillance, invoking national interest and security. In fact, the same runaway explosion of technology and digital connectivity that brought forth this privacy debate create the situation that can allow a single person to grow as a threat to an entire society. To filter the potential threat from a single individual, the entire society becomes target of surveillance.
In 2019, India made a law that allows an individual to be declared a terrorist - until then, only organisations could be declared so.
Formulating and enforcing a widely agreeable limit to data collection and use is as difficult though essential. Some critics have suggested that concepts such as national security should be narrowly defined, but that is easier said than done. We are left with bad and worse options. Interconnected existence using technologies that increasingly fewer people will have the capacity to understand fully leave us all vulnerable to its dangers.
Spotlight on Nitish
Bihar Chief Minister Nitish Kumar | Photo Credit: PTI
Bihar has been in focus, and we have two pieces this week that elaborates the point Political Line made last week - an ongoing churn in caste dynamics in the State which is largely beneficial for the BJP, at the expense of Nitish Kumar primarily. Mr. Kumar’s JDU and RJD are likely to merge in the coming months, but that is unlikely to lead to a clean aggregation of votes.
Nitish Kumar is facing two challenges - one is the nebulous support from the Yadavs, who don’t support him as much as they support the RJD; two is the prospective split among his own Kurmi community.
Federalism Tract
Photo used for representation purpose only. | Photo Credit: RITU RAJ KONWAR
Border Tensions - India-China; Maharashtra-Karnataka, Telangana-Karnataka
There are fresh tensions between India and China, this time in the Tawang sector in the eastern section of the boundary.
Demarcating boundaries is not always easy even within India. At least 14 villages in Maharashtra dotted on the border of Telangana are demanding inclusion into the latter. They are apparently ‘attracted’ to the development and welfare schemes, including Rythu Bandhu, D alita Bandhu, Rythu Bima, and free power supply to farmers, initiated by Chief Minister K. Chandrashekhar Rao, in Telgangana.
Amid the border row between Maharashtra and Karnataka, Union Home Minister Amit Shah met the Chief Ministers of both States and asked them to not claim any territory or make any demands till the Supreme Court gives its verdict.
Stalin sings the Tamil tune
Chief Minister M.K. Stalin at the 96th annual conference and concerts in Music Academy, Chennai. | Photo Credit: RAGU R
‘Whether it is bhakti music or film music or light music or pop and rock music, it should be in Tamil; this is my desire,’ says the Tamil Nadu Chief Minister inaugurating the 96th annual conference and concerts of the Music Academy.
Mr. Stalin, meanwhile, elevated his son to the cabinet and nobody is protesting. He has given party tickets to the children and relatives of almost all DMK regional satraps, giving them no room to complain now, this piece points out.
