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  <title>We are anonymous, we are legion</title>
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            <rdf:li rdf:resource="https://cis-india.org/internet-governance/blog/deccan-herald-january-20-2018-sunil-abraham-data-protection-we-can-innovate-leapfrog"/>
        
        
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    <item rdf:about="https://cis-india.org/internet-governance/blog/deccan-herald-january-20-2018-sunil-abraham-data-protection-we-can-innovate-leapfrog">
    <title>Data Protection: We can innovate, leapfrog</title>
    <link>https://cis-india.org/internet-governance/blog/deccan-herald-january-20-2018-sunil-abraham-data-protection-we-can-innovate-leapfrog</link>
    <description>
        &lt;b&gt;About 27% of India's population is still illiterate or barely literate. Most privacy policies and terms of services for web and mobile applications are in English and therefore it is only 10% of us who can actually read them before we provide our consent.&lt;/b&gt;
        &lt;p&gt;The article was published in the &lt;a class="external-link" href="http://www.deccanherald.com/content/655018/data-protection-we-can-innovate.html"&gt;Deccan Herald&lt;/a&gt; on January 20, 2018.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Even if we can read them, we may not have the necessary legal training to understand them. According to a tweet thread by Pat Walshe (@privacymatters), the Tetris app, a popular video game, has a privacy policy that details the third-party advertising companies that they share data with. These third-parties include "123 Ad Networks; 13 Online Analytics companies; 62 Mobile Advertising Networks; 14 Mobile Analytics companies. The linked privacy policies for Tetris run to 407,000 words, compared to 450,000 words for the entire 'Lord of the Rings trilogy'." The child aged four and above that plays the game and her parents need an intermediary to deal with the corporations hiding behind Tetris.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Unlike the European Union, which has more than 37 years of history when it comes to data protection law, India is starting with a near blank slate after the Supreme Court confirmed that privacy is a constitutionally-guaranteed fundamental right in the Puttaswamy case judgement. While we would want to maintain adequacy and compatibility with the EU General Data Protection Regulation (GDPR) because it has become the global standard, we must realise that there is an opportunity for leapfrogging. This article attempts to introduce the reader to three different visions for intermediaries that have emerged within the Indian data protection debate around the accountability principle. I will also provide a brief sketch of an idea that we are developing at the Centre for Internet and Society. This is an incomplete list as there must be more proposals for regulatory innovation around the accountability principle that I am currently unaware of.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;n Account Aggregators: The 'India Stack' ecosystem that has been built around the Aadhaar programme first proposed intermediaries called Account Aggregators. Account Aggregators manage consent artifacts. India Stack has traditionally been described as having four layers -- presenceless, paperless, cashless and consent. The consent layer is supposed to feature Account Aggregators. If, for example, a data subject wanting an insurance policy visits an insurance portal, the portal would collect personal information and a consent artifact from her and pass it on to multiple insurance companies. These insurance companies would send personalised bids to the portal, which would be displayed on a comparative grid to enable empowered selection.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The data structure consent artifact has been provided in the Master Direction from RBI titled "Non-Banking Financial Company Account Aggregator Directions," published in September 2016. How does this work? The fields includes (i) identity and optional contact information; (ii) nature of the financial information requested; (iii) purpose; (iv) the identity of the recipients, if any; (v) URL/address for notifications when the consent artifact is used; (vi) consent artifact creation date, expiry date, identity and signature/digital signature of the Account Aggregator; and (vii) any other attribute as may be prescribed by the RBI. While Account Aggregators make it frictionless for the grant of consent and also for the harvesting of consent by data controllers, it does not make it easy for you to manage and revoke your consent.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;n Data Trusts: Most recently, Na.Vijayashankar, a Bengaluru-based cybersecurity and cyberlaw expert, has proposed intermediaries called 'Data Trusts' registered with the regulator and who (i) will work as escrow agents for the personal data (which would be classified by type for different degrees of protection); (ii) will make privacy notices accessible by translating them into accessible language and formats; (iii) disclose data minimally to different data controllers based on the purpose limitation; (iv) issue tokens or pseudonymous identifiers and monetise the data for the benefit of the data subject. To ensure that Data Trusts truly protect the interests of the data subject, Vijayashankar proposes three requirements: (a) public performance reviews (b) audits by the regulator and (c) "an arms-length relationship with the data collectors." In his proposal, Data Trusts are firms with "the ability to process a real-time request from the data subject to supply appropriate data to the data collector."&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;n Learned Intermediaries: The Takshashila Institution published a paper titled Beyond Consent: A New Paradigm for Data Protection, authored by Rahul Matthan, partner at the law firm Trilegal. Learned Intermediaries would perform mandatory audits on all data controllers above a particular threshold. Like Vijayashankar, Matthan also requires these intermediaries to be certified by an appropriate authority. The main harm that he focuses on is, bias or discrimination. He proposes three stages of audit which are designed for the age of Big Data and Artificial Intelligence: "(i) Database Query Review; (ii) Black Box Audits; and (iii) Algorithm Review". Matthan also tentatively considers a rating system. Learned Intermediaries are a means to address information asymmetry in the market by making data subjects more aware. The impact of churn on their bottom-lines, it is hoped, will force data controllers to behave in an accountable manner, protecting rights and mitigating harms.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;n Consent Brokers: Finally, I have proposed the model of a 'Consent Broker' by modifying the concept of the Account Aggregator. Like the Account Aggregator proposal, we would want a competitive set of consent brokers who will manage consent artifacts for data subjects. However, I believe there should be a 1:1 relationship between data subjects and consent brokers so that the latter compete for the business of data subjects. Like Vijayashankar, I believe that the consent broker must have an "arms-length distance" from data controllers and must be prohibited from making any money from them. Consent brokers could also be trusted to take proactive actions for the data subjects, such as access and correction.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The need of the hour is the production of regulatory innovations and robust discussions around them for all the nine privacy principles in the Justice AP Shah committee report -- notice, choice and consent, collection limitation, purpose limitation, access and correction, disclosure of information, security, openness and accountability.&lt;/p&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/internet-governance/blog/deccan-herald-january-20-2018-sunil-abraham-data-protection-we-can-innovate-leapfrog'&gt;https://cis-india.org/internet-governance/blog/deccan-herald-january-20-2018-sunil-abraham-data-protection-we-can-innovate-leapfrog&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>sunil</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Internet Governance</dc:subject>
    
    
        <dc:subject>Data Protection</dc:subject>
    
    
        <dc:subject>Privacy</dc:subject>
    

   <dc:date>2018-01-22T01:45:46Z</dc:date>
   <dc:type>Blog Entry</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/internet-governance/blog/data-protection-understanding-the-general-data-protection-regulation">
    <title>Data Protection: Understanding the General Data Protection Regulation</title>
    <link>https://cis-india.org/internet-governance/blog/data-protection-understanding-the-general-data-protection-regulation</link>
    <description>
        &lt;b&gt;As recently as May 27, 2016, the General Data Protection Regulation (REGULATION (EU) 2016/679) (hereinafter referred to as GDPR) was adopted. The Data Protection Directive (1995/46/EC) (hereinafter referred to as DPD) will be replaced by this Regulation.&lt;/b&gt;
        &lt;p style="text-align: justify; "&gt;It will come into force on 25th May 2018 and it is expected that under this Regulation data privacy will be strengthened. Substantive and procedural changes have been introduced and for compliance, industries and law enforcement agencies will have to adjust the ways in which they have operated thus far. &lt;b&gt;&lt;a class="external-link" href="http://cis-india.org/internet-governance/files/GDPR_IndustrySheet_07.pdf"&gt;Click here to read the report&lt;/a&gt;&lt;/b&gt;&lt;/p&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/internet-governance/blog/data-protection-understanding-the-general-data-protection-regulation'&gt;https://cis-india.org/internet-governance/blog/data-protection-understanding-the-general-data-protection-regulation&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>Aditi Chaturvedi</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Internet Governance</dc:subject>
    
    
        <dc:subject>Privacy</dc:subject>
    

   <dc:date>2017-07-04T16:12:56Z</dc:date>
   <dc:type>Blog Entry</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/news/data-protection-experts-slam-state-for-sending-mass-smses">
    <title>Data protection experts slam state for sending mass SMSes</title>
    <link>https://cis-india.org/news/data-protection-experts-slam-state-for-sending-mass-smses</link>
    <description>
        &lt;b&gt;Experts in the field of data protection, privacy law and media have criticised the West Bengal government's mass SMS sent to individuals, companies and media houses through private mobile networks last Friday. Lara Choksey reports this in an article published in the Statesman on March 25, 2012.&lt;/b&gt;
        
&lt;p&gt;The government's use of private data in order to spread political messages is ethically dubious and dangerous, say some.&amp;nbsp; The SMS indirectly refers to The Telegraph's publication of the Poonam Pandey tweet, warning against the transmission of “provocative and indecent photographs for hurting the religious sentiments of people and disrupting communal harmony.” It urges recipients to “frustrate the designs of … unscrupulous people and maintain peace and communal harmony,” and is signed by “Mamata Banerjee, Chief Minister”.&amp;nbsp;&lt;/p&gt;
&lt;p&gt;Speaking to The Statesman on Saturday, Mumbai-based media lecturer Ms Geeta Seshu identified two issues with the government sending out political messages through mobile phone networks.&amp;nbsp;&lt;/p&gt;
&lt;p&gt;Firstly, from an ethical standpoint, the unchecked freedom of mobile phone companies to hand out private data is “completely wrong”, she said.&amp;nbsp;&amp;nbsp;&lt;/p&gt;
&lt;p&gt;Secondly, the use of government funds for such dissemination needs to be transparent. If the state government has used public funds to distribute its message through a mobile phone network, then this information should be readily available, said Ms Seshu.&amp;nbsp;&lt;/p&gt;
&lt;p&gt;The Telecom Regulation Authority of India's (Trai) unsolicited commercial communications regulations allow unsolicited advertising through mobile phone networks.&amp;nbsp;&amp;nbsp;&lt;/p&gt;
&lt;p&gt;Mr Apar Gupta, partner of Delhi-based law firm Advani and Co., explained, “The regulations are not wide enough to prohibit communications from a political party.” He observed, “Using SMS messages is a very efficient propaganda tool because so many people have access to mobile phones.”&amp;nbsp;&lt;/p&gt;
&lt;p&gt;Mobile phone networks such as Vodafone make it clear in their privacy policies that the personal data of its customers “may be used for inclusion in any telephone or similar directory or directory enquiry service provided or operated by us or by a third party” (source Vodafone website).&lt;/p&gt;
&lt;p&gt;Any third party&amp;nbsp; ~ governmental or corporate ~ can therefore access the company's directory of private mobile numbers at the discretion of the network in question.&amp;nbsp;&lt;/p&gt;
&lt;p&gt;It is not yet clear which government department coordinated the SMS, or what funds were used to cover the costs. Representatives from the ministry of information and cultural affairs were not able to shed a light on the matter. “I know that a message was sent out,” said the I &amp;amp; CA director Umapada Chatterjee, "But it was not sent from this department. I do not know that information.”&amp;nbsp;&amp;nbsp;&amp;nbsp;&lt;/p&gt;
&lt;p&gt;Some commentators did not condemn the government's SMS. Delhi High Court lawyer and cyber law expert, Mr Praveen Dalal, criticised the publication of the Poonam Pandey tweet on the grounds of it violating the due diligence guidelines of the Cyber Law of India. He commented, “If casual and careless publications … continue, there would be no other option left for the government but to regulate their affairs in a more intrusive manner.”&amp;nbsp;&lt;/p&gt;
&lt;p&gt;However, executive director of the Centre for Internet and Society, Mr Sunil Abraham, called the state government's use of unsolicited SMS a “clear abuse of the powers afforded by elected office.” Mr Abraham explained that elected representatives would be justified in such measures, and in utilising public funds, in the event of a disaster, or when public order, public health or national security are compromised.&lt;/p&gt;
&lt;p&gt;“However in this case, the government is abusing the provisions of the law and using this incident as a pretext to threaten media professionals with surveillance and to intimidate for the purposes of reigning in free speech,” he told The Statesman. The chief minister was unavailable to make a comment on the matter.&lt;/p&gt;
&lt;p&gt;&lt;a class="external-link" href="http://www.thestatesman.net/index.php?option=com_content&amp;amp;view=article&amp;amp;id=404338&amp;amp;catid=73"&gt;Read the original published in the Statesman&lt;/a&gt;&lt;/p&gt;

        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/news/data-protection-experts-slam-state-for-sending-mass-smses'&gt;https://cis-india.org/news/data-protection-experts-slam-state-for-sending-mass-smses&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>praskrishna</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Internet Governance</dc:subject>
    
    
        <dc:subject>Privacy</dc:subject>
    

   <dc:date>2012-03-27T03:46:00Z</dc:date>
   <dc:type>News Item</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/internet-governance/news/data-protection-and-privacy-in-india-the-fundamental-right-way">
    <title>Data Protection and Privacy in India: The (Fundamental) Right Way</title>
    <link>https://cis-india.org/internet-governance/news/data-protection-and-privacy-in-india-the-fundamental-right-way</link>
    <description>
        &lt;b&gt;Amber Sinha attended a roundtable conference on data protection and privacy on October 30, 2017 at India Habitat Centre in New Delhi. The close-door event was organised by the  Indian Council for Research on International Economic Relations.&lt;/b&gt;
        &lt;p&gt;Participants at the conference discussed:&lt;/p&gt;
&lt;ul&gt;
&lt;li&gt;Role of consent in data protection, how it should be configured in India&lt;/li&gt;
&lt;li&gt;Conflicts between the data minimization principle and big data&lt;/li&gt;
&lt;li&gt;Governance approaches to data protection&lt;/li&gt;
&lt;li&gt;Propertarian view of data&lt;/li&gt;
&lt;li&gt;Need for capacity building in India and institutions who should be involved in the data protection regime, and&lt;/li&gt;
&lt;li&gt;Cross border data flows and data localisation&lt;/li&gt;
&lt;/ul&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/internet-governance/news/data-protection-and-privacy-in-india-the-fundamental-right-way'&gt;https://cis-india.org/internet-governance/news/data-protection-and-privacy-in-india-the-fundamental-right-way&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>Admin</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Internet Governance</dc:subject>
    
    
        <dc:subject>Privacy</dc:subject>
    

   <dc:date>2017-11-27T14:01:02Z</dc:date>
   <dc:type>News Item</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/internet-governance/news/india-legal-live-june-21-2018-data-privacy">
    <title>Data Privacy: Footprints on the Web</title>
    <link>https://cis-india.org/internet-governance/news/india-legal-live-june-21-2018-data-privacy</link>
    <description>
        &lt;b&gt;Technology has made data protection a hot button issue. Now, a group of eminent citizens, mostly lawyers, have formulated a draft privacy bill, a legal framework that protects the individual’s right to privacy, but it faces legal jurisdiction issues &lt;/b&gt;
        &lt;p style="text-align: justify; "&gt;The blog post by Sujit Bhar was published in &lt;a class="external-link" href="http://www.indialegallive.com/constitutional-law-news/acts-and-bills-news/data-privacy-footprints-on-the-web-50261"&gt;IndiaLegal&lt;/a&gt; on June 21, 2018.&lt;/p&gt;
&lt;hr /&gt;
&lt;p style="text-align: justify; "&gt;Lack of data privacy is a modern day peril. Quite like the individual’s right to privacy—one that has been raised to the level of a Fundamental Right by the Supreme Court—data privacy today is prime, because technology has made our lives fully dependant on associated data. Hence, by extension of the same logic and arguments that the top court used for personal privacy, data privacy should be protected.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The methodology to be adopted, though, is not as easy to determine given the lack of legislation in the field, the improbability of existing technology to ensure complete privacy and because of legal jurisdiction issues.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Also, to what extent data privacy can and should be allowed is a legal argument that needs to be supported by other fields of knowledge. The Supreme Court decision to award privacy as a Fundamental Right will act as a plinth in determining this.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;To that end a group of eminent citizens, mostly lawyers, came together and formulated a draft privacy bill with the objective of slicing through banal arguments that would ensue if this was to wait for public re-reference/debate.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The proponents—Apar Gupta, Gautam Bhatia, Kritika Bhardwaj, Maansi Verma, Naman M Aggarwal, Praavita Kashyap, Prasanna S, Raman Jit Singh Chima, Ujwala Uppaluri and Vrinda Bhandari—have tried to develop their own privacy bill, based on the foundation of the Privacy (Protection) Bill, 2013, “which was drafted over a series of roundtables and inputs conducted by the Centre for Internet and Society, Bangalore”.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;In doing so the group started from what it calls “seven privacy principles”, derived from various constitutional and expert texts.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Principle 1: Individual rights are at the centre of privacy and data protection.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;This says that “the individual and her rights are primary. The law on privacy must empower you by advancing your right to privacy…”including “your right to autonomy and dignity.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Principle 2: A data protection law must be based on privacy principles.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Here reference is made to the report of the Justice AP Shah Committee of Experts. It’s a method that has been left flexible, to accommodate fast developing technology. There is a reference to Moore’s Law in this. Moore’s Law has remained one of the most overwhelmingly true laws of the IT industry. Originating in 1970, it says that processor speeds, or overall processing power for computers “will double every two years”. While that has remained true till now, with the development of multiple core processors, this law too has seemingly run its course. With the world changing at such a fast pace, if the data privacy bill/law does not remain flexible, it would also be quickly consigned to a museum of laws. Hence this flexible approach will be crucial.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Principle 3: A strong privacy commission must be created to enforce the privacy principles.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;This is the part of establishing an oversight authority, “a strong body to ensure that the data protection rights are put into practice and enforced”. This structure has been treated for something “that works in principle and in practice.”&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;There is one part that says that this proposed “Privacy Commission”, has been “provided wide powers of investigation, adjudication, rule-making and enforcement. The Commission should adopt an approach that builds accountability for the rights of users by having powers to impose penalties that are proportionate to the harm and build deterrence.” This, obviously, means that it will be stepping onto the toes of other laws and that would be a rough road to navigate. However, as the group’s own philosophy says that the problem with technology oriented legislation is that it takes catching up with the progress of technology. To overcome this, the group wants to “make sure that the Privacy Code is not outdated” and hence wants to make sure that the “Privacy Commission can exercise rule making powers to give effect to the data protection principles under the regulation”.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The other part of the philosophy is of acknowledging and addressing public complaints. Hence the legal rigidity of regular acts would be dismissed. How this can work with enforcement agencies, though, will remain a matter of debate. The draft bill says that the “Privacy Commission must serve as the forum for the redressal of the general public’s grievances”, and that “Privacy Commissions should have the ability to investigate (independently through the office of a Director General), hold hearings and pass orders with directions and fines”.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;That could be legal nightmare, because unlike a simple code, the bill has to pass through parliament to become an act, and legislators are the ones who have final say in remodelling an existing law. How much power they would agree to delegate is anybody’s guess.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Of course, the draft also calls for the courts to welcome public opinion. There seems to be a slight hitch in the wording, which says that “…while the Privacy Commission serves as the forum for redressal, the public should retain the remedies of approaching the civil courts (even in instances where harm is suffered by a group of people) and of filing police complaints directly”. That questions even the oversight authority of the commission. There is another objective—a hope, one would say—that the Privacy Commission must have jurisdiction over the government, as it does over the private sector. The Privacy Commission should have overriding power and superintendence over all legal entities in matter of data protection and privacy”. While this sounds good on paper, the issue of national security can override all. At this point, according to a cyber security expert, there is talk within the Indian government on how to deal with the social media messaging app WhatsApp. Technically, as the company points out, messaging through an app is encrypted (military grade encryption, it is said) end-to-end. Hence terrorist groups have zeroed in on this as a common idea exchange platform. There could possibly be restrictive legislation on this. That could strike at the heart of data privacy.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The government’s reaction, though, could become counter-productive. This could be visible in what the Justice Srikrishna-led Committee of Experts possibly could recommend.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Principle 4: The government should respect user privacy. Technically, if this bill, in its current form, has to go through parliament, members of both houses should be willing to accept that it will have no snooping powers, ever. The way the government fought tooth and nail against personal privacy in court—and the Aadhaar verdict is still awaited—this proposal seems unlikely to have an easy passage. The draft says: “It is imperative that the government, its arms, bodies and programmes be compliant with the privacy protection principles through a data protection law.”&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;There is a caveat within this, saying: “We support the use of digital technologies for public benefit. However, they should not be privileged over fundamental rights.” The proposal also says: “The government is responsible for the delivery of many essential services to the public of India. These services must not be withheld from an individual, due to such individual not sharing data with the government. Withholding services on the pretext of requirement of collection of data effectively amounts to extortion of consent. Individuals cannot be forced to trade away their data and citizenship at the altar of being permitted to use government services and access legal entitlements on welfare.” This will have to wait its validation or dismissal through the Aadhaar verdict.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Principle 5: A complete privacy code comes with surveillance reform&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;This is another tricky issue for any government. It talks about how the Snowden revelations “brought to public knowledge that our personal data is collected in an indiscriminate manner by governments”. The draft calls this collection procedure “dragnet surveillance”, because it “contravenes the principles of necessity, proportionality and purpose limitation”. Necessity and proportionality have been argued in detail during the Aadhaar debate in court and till that verdict is out, it would, possibly, not be right to delve into this, though a recommendation for procedural safeguards might run into the same wall as in the case of encrypted software in social media apps. The draft accepts the possibility of “individual interception and surveillance”, but says “this should be severely limited in substance and practice through procedural safeguards”.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Principle 6: The right to information needs to be strengthened and protected&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;This basically refers to the Right to Information Act and seems completely justified, with Information Commissioners being “exempted from interference or control by the Privacy Commissioner”.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Principle 7: International protections and harmonisation to protect the open internet must be incorporated&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Another contentious issue, being fuelled by the loss of face by Facebook in its effort to introduce graded access (with paywalls).&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The group widens its scope in stating that “we need to be guided by the &lt;a href="http://www.indialegallive.com/topic/supreme-court"&gt;Supreme Court’s&lt;/a&gt; Right to Privacy decision and make reference to the European Union’s General Data Protection Regulation”. More interestingly, the group admits that every law will have certain exceptions. It says: “…but without clear wording sometimes exceptions swallow up the rule. We adopted a three part test in our drafting process in which any exceptions to these privacy principles should be: (a) worded clearly; (b) limited in purpose, necessary and proportionate to the aim; and (c) accompanied by sufficient procedural safeguards”.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;On the face of it, the overall draft represents a novel and upright way of thinking, and if some of this is accepted while the government mulls the Justice Srikrishna Committee’s recommendations (expected late this month), it would be a good beginning.&lt;/p&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/internet-governance/news/india-legal-live-june-21-2018-data-privacy'&gt;https://cis-india.org/internet-governance/news/india-legal-live-june-21-2018-data-privacy&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>Admin</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Internet Governance</dc:subject>
    
    
        <dc:subject>Privacy</dc:subject>
    

   <dc:date>2018-06-25T16:48:34Z</dc:date>
   <dc:type>News Item</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/internet-governance/news/data-privacy-forum">
    <title>Data Privacy Forum</title>
    <link>https://cis-india.org/internet-governance/news/data-privacy-forum</link>
    <description>
        &lt;b&gt;Amber Sinha took part in the Data Privacy Forum organized by the Asian Business Law Institute on February 7, 2018.   The forum was held at the Supreme Court of Singapore.


&lt;/b&gt;
        &lt;p style="text-align: justify; "&gt;The forum was organised to discuss the findings of a compendium       of country reports on cross border data flow regulations in       countries from Asia and Australia, and the way forward. The forum       had attendance from 18 countries and had about 90 participants.       Elonnai Hickok and Amber Sinha were the reporters for India. Amber was a speaker on the first panel on “Adoption and reform of data protection laws in Asia: how legal systems adapt to global developments and regulatory competition”.&lt;/p&gt;
&lt;p&gt;Click to &lt;a class="external-link" href="http://cis-india.org/internet-governance/files/data-privacy-forum"&gt;read more&lt;/a&gt;&lt;/p&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/internet-governance/news/data-privacy-forum'&gt;https://cis-india.org/internet-governance/news/data-privacy-forum&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>Admin</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Internet Governance</dc:subject>
    
    
        <dc:subject>Privacy</dc:subject>
    

   <dc:date>2018-03-01T01:31:56Z</dc:date>
   <dc:type>News Item</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/internet-governance/news/data-privacy-day-2016">
    <title>Data Privacy Day 2016</title>
    <link>https://cis-india.org/internet-governance/news/data-privacy-day-2016</link>
    <description>
        &lt;b&gt;The Bangalore chapter of Data Privacy Day was organized by Data Security Council of India on January 28, 2016 at Electronic City in Bangalore. Sunil Abraham was a panelist.&lt;/b&gt;
        &lt;h3&gt;Agenda&lt;/h3&gt;
&lt;table class="listing"&gt;
&lt;tbody&gt;
&lt;tr&gt;
&lt;th&gt;&lt;img src="https://cis-india.org/home-images/DSCI.jpg/@@images/db4d4755-b12d-47fc-85fa-bf728f2b82b8.jpeg" alt="DSCI" class="image-inline" title="DSCI" /&gt;&lt;/th&gt;
&lt;/tr&gt;
&lt;/tbody&gt;
&lt;/table&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/internet-governance/news/data-privacy-day-2016'&gt;https://cis-india.org/internet-governance/news/data-privacy-day-2016&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>praskrishna</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Internet Governance</dc:subject>
    
    
        <dc:subject>Privacy</dc:subject>
    

   <dc:date>2016-01-29T15:34:18Z</dc:date>
   <dc:type>News Item</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/news/data-privacy-day-2014">
    <title>Data Privacy Day 2014</title>
    <link>https://cis-india.org/news/data-privacy-day-2014</link>
    <description>
        &lt;b&gt;January 28 is annually celebrated as Data Privacy Day (DPD). Data Security Council of India (DSCI) organized the annual meeting J N Tata Hall, Bldg 1, Infosys Campus, Infosys Ltd., Electronics City, Bangalore. Elonnai Hickok was a panelist.&lt;/b&gt;
        &lt;h3 style="text-align: justify; "&gt;Programme Details&lt;/h3&gt;
&lt;ul style="text-align: justify; "&gt;
&lt;li&gt;2:30 - 3:00 p.m.: Keynote address by Srinath Batni, Member of the Board, Infosys&lt;/li&gt;
&lt;li&gt;3:00 - 4:30 p.m.: Panel Discussion on "Privacy today and tomorrow in Indian and Global Context"&lt;/li&gt;
&lt;/ul&gt;
&lt;p style="text-align: justify; "&gt;Panelists:&lt;/p&gt;
&lt;ul style="text-align: justify; "&gt;
&lt;li&gt;M D Sharath, Deputy Superintendent of Police, Cyber Crimes Division, CID Headquarters, Karnataka Police&lt;/li&gt;
&lt;li&gt;Srinivas Poosarla, Associate Vice President and Head (Global), Privacy &amp;amp; Data Protection, Infosys Ltd&lt;/li&gt;
&lt;li&gt;Joshi Joseph, Senior Information Risk Manager, ING Vyasa Bank&lt;/li&gt;
&lt;li&gt;Na.Vijayashankar (Naavi), Information Assurance Consultant&lt;/li&gt;
&lt;li&gt;Elonnai Hickok, Policy &amp;amp; Advocacy Associate, Centre for Internet &amp;amp; Society (CIS)&lt;/li&gt;
&lt;/ul&gt;
&lt;p style="text-align: justify; "&gt;&lt;br /&gt;IT Product / Internet services company&lt;br /&gt;&lt;br /&gt;Panel will be moderated by Rahul Jain, Principal Consultant, DSCI&lt;/p&gt;
&lt;ul style="text-align: justify; "&gt;
&lt;li&gt;4:30- 5:00 p.m.: Presentation on Privacy by Rahul Jain, Principal Consultant, DSCI&lt;/li&gt;
&lt;li&gt;5:00- 5:30 p.m.: High Tea&lt;/li&gt;
&lt;/ul&gt;
&lt;hr /&gt;
&lt;p&gt;For more info on the event &lt;a class="external-link" href="http://www.dsci.in/events/about/1697"&gt;see here&lt;/a&gt;.&lt;/p&gt;
&lt;ul style="text-align: justify; "&gt;
&lt;/ul&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/news/data-privacy-day-2014'&gt;https://cis-india.org/news/data-privacy-day-2014&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>praskrishna</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Internet Governance</dc:subject>
    
    
        <dc:subject>Privacy</dc:subject>
    

   <dc:date>2014-02-04T05:34:59Z</dc:date>
   <dc:type>News Item</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/internet-governance/news/data-privacy-and-citizens-rights-symposium-report">
    <title>Data Privacy and Citizen's Rights' Symposium Report</title>
    <link>https://cis-india.org/internet-governance/news/data-privacy-and-citizens-rights-symposium-report</link>
    <description>
        &lt;b&gt;The Technology Law Forum at the National Academy of Legal Studies and Research (NALSAR) has published the Report on Data Privacy and Citizen's Rights' Symposium. &lt;/b&gt;
        &lt;p style="text-align: justify; "&gt;This report is a compilation of all the speakers' speeches during the  panel discussion. Shweta Mohandas &lt;span&gt;was one of the eight speakers at the panel and the excerpts from her presentation has also been covered in this report. Click to &lt;a class="external-link" href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3356776"&gt;read more&lt;/a&gt;&lt;/span&gt;&lt;/p&gt;
&lt;div&gt;&lt;/div&gt;
&lt;p&gt; &lt;/p&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/internet-governance/news/data-privacy-and-citizens-rights-symposium-report'&gt;https://cis-india.org/internet-governance/news/data-privacy-and-citizens-rights-symposium-report&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>Admin</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Internet Governance</dc:subject>
    
    
        <dc:subject>Privacy</dc:subject>
    

   <dc:date>2019-04-05T02:24:09Z</dc:date>
   <dc:type>News Item</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/internet-governance/news/livemint-komal-gupta-march-26-2018-data-politics-bjp-congress-in-spat-over-sharing-app-data-without-users-consent">
    <title>Data politics: BJP, Congress in spat over sharing app data without users’ consent</title>
    <link>https://cis-india.org/internet-governance/news/livemint-komal-gupta-march-26-2018-data-politics-bjp-congress-in-spat-over-sharing-app-data-without-users-consent</link>
    <description>
        &lt;b&gt;Congress took down its WithINC app after facing allegations of sharing user data, a day after it accused BJP of doing the same with the NaMo app.&lt;/b&gt;
        &lt;p style="text-align: justify; "&gt;The article by Komal Gupta was &lt;a class="external-link" href="https://www.livemint.com/Politics/fhKCtCiRuKCSklJ51oBUbO/Data-politics-BJP-Congress-trade-barbs-on-app-privacy-issu.html"&gt;published in Livemint&lt;/a&gt; on March 26, 2018. Pranesh Prakash was quoted.&lt;/p&gt;
&lt;hr style="text-align: justify; " /&gt;
&lt;p style="text-align: justify; "&gt;An app war has broken out between the Congress party and the ruling Bharatiya Janata Party (BJP)—appropriately on Twitter.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Fought in the shadow of the global storm on data leaks from Facebook and Cambridge Analytica, the two Indian parties accused each other of sharing user data with third parties collected without the users’ consent.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The Congress on Monday took down its app—WithINC —after facing allegations of sharing user data with servers in Singapore. However, the party has claimed it was forced to remove the app as the wrong URL was being circulated and people were being misled.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span&gt;Congress president Rahul Gandhi took to Twitter after an anonymous French security expert claimed that Prime Minister Narendra Modi’s NaMo app was sending user data to a third-party website without user consent.&lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;“Modi misusing PM position to build personal database with data on millions of Indians via the NaMo App promoted by Govt. If as PM he wants to use tech to communicate with India, no problem. But use the official PMO APP for it. This data belongs to India, not Modi,” Gandhi tweeted on Monday.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;WithINC is the official app of the Congress to allow users to connect with the party through regular updates from various social media and news channels. “It also allows you to apply for membership of the INC by completing all steps of the INC membership process,” a descriptor on Google Play Store says.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span&gt;Information and broadcasting minister Smriti Irani on Monday tweeted, “Now that we’re talking tech, would you care to answer Rahul Gandhi ji why Congress sends data to Singapore Servers which can be accessed by any Tom, Dick and Analytica?”&lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Trashing BJP’s allegations, Congress’ social media head Divya Spandana claimed that the membership page on the Congress app had been defunct for a while. “We don’t collect any personal data through the INC app. We discontinued it a long time ago. It was being used only for social media updates. We collect data for membership and this is through our website, this is encrypted,” Spandana tweeted on Monday.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The NaMo app is designed to ensure that users do not have access to any data other than their own, a government official said on Sunday, requesting anonymity. Data entered by any user is used for analytics using third-party service, similar to Google Analytics, said the official.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span&gt;“Apps ought to request the minimum of a phone’s functionality. They should evaluate the data they need, collect as little as needed, and clearly state what use they will make of the data,” said Pranesh Prakash, policy director at think tank Centre for Internet and Society.&lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;“The Narendra Modi app, quite famously, provided unrestricted access to the personal data of more than 5 million users,” Prakash added.&lt;/p&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/internet-governance/news/livemint-komal-gupta-march-26-2018-data-politics-bjp-congress-in-spat-over-sharing-app-data-without-users-consent'&gt;https://cis-india.org/internet-governance/news/livemint-komal-gupta-march-26-2018-data-politics-bjp-congress-in-spat-over-sharing-app-data-without-users-consent&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>Admin</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Internet Governance</dc:subject>
    

   <dc:date>2018-04-18T00:51:15Z</dc:date>
   <dc:type>News Item</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/internet-governance/news/economic-times-july-28-2018-mugdha-variyar-and-pratik-bhakta-data-localisation-may-pinch-startups-payments-firms">
    <title>Data localisation may pinch startups, payments firms</title>
    <link>https://cis-india.org/internet-governance/news/economic-times-july-28-2018-mugdha-variyar-and-pratik-bhakta-data-localisation-may-pinch-startups-payments-firms</link>
    <description>
        &lt;b&gt;The draft Data Protection Bill is likely to have significant impact on how companies and startups use customer data, particularly as it would increase costs and make it difficult for them to take data outside the country.&lt;/b&gt;
        &lt;p&gt;The article by Mugdha Variyar and Pratik Bhakta was &lt;a class="external-link" href="https://economictimes.indiatimes.com/small-biz/startups/newsbuzz/data-localisation-may-pinch-startups-payments-firms/articleshow/65173964.cms"&gt;published in Economic Times&lt;/a&gt; on July 28, 2018. Sunil Abraham was quoted.&lt;/p&gt;
&lt;hr /&gt;
&lt;p&gt;It is also likely to bring more financial companies, aside from only payments companies, under the ambit of data localisation by categorising all financial data as sensitive personal data. Data localisation has been a point of contention between the Reserve Bank and payment companies.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The draft bill prescribes strict restrictions on how much personal data a company or any data fiduciary can collect and how they can use the data. It also says companies cannot make the provision of any goods or services or the quality or performance of any contract conditional on acquiring consent to process personal data not necessary for that purpose.&lt;/p&gt;
&lt;p&gt;Experts say this will put an end to the 'take it or leave it' contracts that several companies often demand from customers.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;“This is basically a provision to deal with non-negotiable contracts, wherein the data controller uses its market power to force people to give up personal data,” said Sunil Abraham, executive director of the Centre for Internet and Society, a think tank. “This recommendation makes it clear that ‘take it or leave it’&lt;br /&gt;contracts can only insist on data that is necessary for the service or product being provided.”&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;On data localisation, the draft bill states that every data fiduciary shall ensure the storage of at least one serving copy of personal data on a server or data centre located in India. While this allows for data mirroring—or the storage of data both abroad and in India—it could make it difficult for companies to take&lt;br /&gt;data outside the country, said Subho Ray, president of the Internet and Mobile Association of India.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;This is because the draft bill states that the government can notify categories of personal data as critical personal data that can only be processed in a server or data centre located in India.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;“Though there is no clarity yet on critical personal data, there is a strong chance that financial data could be classified as critical data and players dealing with financial data could be mandated to keep data within India only,” said Vivek Belgavi, fintech partner at PwC.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Under the bill, all financial data, including personal data used to identify an account opened by, or card or payment instrument issued by a financial institution, or any personal data regarding the relationship between a financial institution and a data principal including financial status and credit history, has been classified as sensitive personal data.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Credit scoring, lending and insurance companies could also be impacted, said an industry member on condition of anonymity. Abraham said that while crossborder data may be allowed for certain cases, it will include liability on the entity. This move will increase costs for companies as they will have to necessarily store data within the country, as per the experts.&lt;/p&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/internet-governance/news/economic-times-july-28-2018-mugdha-variyar-and-pratik-bhakta-data-localisation-may-pinch-startups-payments-firms'&gt;https://cis-india.org/internet-governance/news/economic-times-july-28-2018-mugdha-variyar-and-pratik-bhakta-data-localisation-may-pinch-startups-payments-firms&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>Admin</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Internet Governance</dc:subject>
    

   <dc:date>2018-07-29T07:22:30Z</dc:date>
   <dc:type>News Item</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/internet-governance/news/quartz-india-aria-thaker-april-4-2019-data-leaks-and-cybersecurity-should-be-an-election-issue-in-india">
    <title>Data leaks could wreak havoc in India, so why aren’t they an issue this election?</title>
    <link>https://cis-india.org/internet-governance/news/quartz-india-aria-thaker-april-4-2019-data-leaks-and-cybersecurity-should-be-an-election-issue-in-india</link>
    <description>
        &lt;b&gt;India’s government leaks data like a sieve, and it’s putting people at risk.&lt;/b&gt;
        &lt;p class="india a1dbe" style="text-align: justify; "&gt;The article by Aria Thaker was published in &lt;a class="external-link" href="https://qz.com/india/1586748/data-leaks-and-cybersecurity-should-be-an-election-issue-in-india/"&gt;Quartz India &lt;/a&gt;on April 4, 2019. Karan Saini was quoted.&lt;/p&gt;
&lt;hr /&gt;
&lt;p class="india a1dbe" style="text-align: justify; "&gt;The latest instance was reported on April 01, when technology website &lt;a href="https://www.zdnet.com/article/indian-govt-agency-left-details-of-millions-of-pregnant-women-exposed-online/"&gt;ZDNet reported that&lt;/a&gt; an Indian government agency had left sensitive medical records of 12.5 million pregnant women online, in a database that wasn’t even password protected.&lt;/p&gt;
&lt;p class="india a1dbe" style="text-align: justify; "&gt;This is only the latest in a slew of dozens of data leaks and cybersecurity lapses that have plagued the Indian government over the past few years. These have occurred despite—or in part, because of—prime minister Narendra Modi’s aggressive &lt;a href="https://qz.com/india/1114895/digital-india-indias-ambitious-it-literacy-plan-is-stumbling-over-poor-infrastructure-and-faulty-processes/"&gt;push towards “Digital India.&lt;/a&gt;”&lt;/p&gt;
&lt;p class="india a1dbe" style="text-align: justify; "&gt;Sloppy digitisation efforts and a lack of capacity in cybersecurity issues have caused so many leaks that they seem almost routine by now. Even the one reported by ZDNet, large and grievous as it is, has received little coverage in the mainstream media so far.&lt;/p&gt;
&lt;p class="india a1dbe" style="text-align: justify; "&gt;“This issue has to be an election priority—the focus on privacy and protection of citizen data,” Raman Chima, policy director at digital-rights organisation Access Now, told Quartz. But as India’s general election approaches, the near silence from politicians on these issues is deafening.&lt;/p&gt;
&lt;h2 class="india _7d6a7" style="text-align: justify; "&gt;Endangering pregnant women and children&lt;/h2&gt;
&lt;p class="india a1dbe" style="text-align: justify; "&gt;ZDNet reported that a database of medical records from 12.5 million pregnant women was left available online by the department of medical, health and family welfare of a northern Indian state. It &lt;a href="https://www.zdnet.com/article/indian-govt-agency-left-details-of-millions-of-pregnant-women-exposed-online/"&gt;does not name the state&lt;/a&gt; since the server is still available online, though the medical records have finally been removed, almost a month after security researcher Bob Diachenko contacted the department.&lt;/p&gt;
&lt;p class="india a1dbe" style="text-align: justify; "&gt;The information in this database was extremely sensitive, including patients’ names, contact details, disease information, pregnancy status and complications, and procedures, such as abortions, that they have undergone.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;This wasn’t the first such data leak incident involving the government—nor even the first involving pregnant women.&lt;/p&gt;
&lt;p class="india a1dbe" style="text-align: justify; "&gt;“This could lead to significant bodily harms to a woman in a context where abortions, especially for unmarried women, are heavily stigmatised,” said Ambika Tandon, a policy officer who researches gender and tech issues for the think tank Centre for Internet and Society (CIS). Women who seek abortions or sensitive procedures “may resort to unsafe abortions at facilities that are not registered for fear of their personal information or physical and informational privacy being compromised,” Tandon said.&lt;/p&gt;
&lt;p class="india a1dbe" style="text-align: justify; "&gt;Yet this wasn’t the first such incident involving the government—nor even the first &lt;a href="https://www.medianama.com/2018/04/223-ap-govt-leaks-mobile-aadhaar-pregnancy-info/"&gt;involving pregnant women&lt;/a&gt;.&lt;/p&gt;
&lt;h2 class="india _7d6a7" style="text-align: justify; "&gt;Aadhaar and beyond&lt;/h2&gt;
&lt;p class="india a1dbe" style="text-align: justify; "&gt;Aadhaar, the 12-digit personal identification number from India’s controversial, biometrics-backed database, has often been at the centre of previous such leaks in India. Much like a the social security number in the US, it is a sensitive piece of information as it helps identify individuals and is often linked to other government and financial services one uses.&lt;/p&gt;
&lt;p class="india a1dbe" style="text-align: justify; "&gt;Here’s a look at just a handful of the most prominent leaks, breaches, and vulnerabilities involving Aadhaar:&lt;/p&gt;
&lt;ul class="india _487dc" style="text-align: justify; "&gt;
&lt;li&gt;May 2017: &lt;a href="https://cis-india.org/internet-governance/information-security-practices-of-aadhaar-or-lack-thereof-a-documentation-of-public-availability-of-aadhaar-numbers-with-sensitive-personal-financial-information-1"&gt;Around 130 million individuals&lt;/a&gt; have their Aadhaar numbers, banking details, and more leaked on four government websites&lt;/li&gt;
&lt;li&gt;January 2018: A reporter of The Tribune newspaper &lt;a href="https://qz.com/india/1174285/aadhaar-indias-biometric-id-project-putting-the-identities-and-personal-data-of-millions-at-risk/https://qz.com/india/1174285/aadhaar-indias-biometric-id-project-putting-the-identities-and-personal-data-of-millions-at-risk/"&gt;pays Rs500 ($7) to access&lt;/a&gt; a portal with demographic data from every Aadhaar holder in the country&lt;/li&gt;
&lt;li&gt;March 2018: State-owned gas company &lt;a href="https://www.zdnet.com/article/another-data-leak-hits-india-aadhaar-biometric-database/"&gt;Indane leaks private data&lt;/a&gt;of its customers and all Aadhaar holders&lt;/li&gt;
&lt;li&gt;April 2018: Andhra Pradesh &lt;a href="https://www.medianama.com/2018/04/223-ap-govt-leaks-mobile-aadhaar-pregnancy-info/"&gt;leaks medical records&lt;/a&gt; of over 2 million pregnant women, as well as their Aadhaar numbers and contact details&lt;/li&gt;
&lt;li&gt;June 2018: An unsecured Aadhaar API on over 70 subdomains of a government website allows anyone to access demographic-authentication services&lt;/li&gt;
&lt;li&gt;July 2018: Data of 250,000 students taking a government medical entrance exam &lt;a href="https://www.business-standard.com/article/education/data-of-250-000-neet-students-being-sold-online-118071800828_1.html"&gt;is leaked and sold online&lt;/a&gt;&lt;/li&gt;
&lt;li&gt;January 2019: The State Bank of India, the country’s largest bank, &lt;a href="https://techcrunch.com/2019/01/30/state-bank-india-data-leak/"&gt;leaks financial data&lt;/a&gt; of millions customers&lt;/li&gt;
&lt;li&gt;February 2019: Indane strikes again. &lt;a href="https://www.livemint.com/companies/news/indane-leaked-millions-of-aadhaar-numbers-french-security-researcher-1550559833002.html"&gt;Aadhaar data&lt;/a&gt; of nearly 6.7 million dealers and distributors of the state-owned gas company is exposed on its dealers portal&lt;/li&gt;
&lt;/ul&gt;
&lt;p class="india a1dbe" style="text-align: justify; "&gt;This list is far from comprehensive. Aadhaar-related leaks alone comprise at least 37 such cases, which can be found &lt;a href="https://www.medianama.com/2018/05/223-aadhaar-leaks-list/"&gt;listed on Indian tech site Medianama.&lt;/a&gt; These include instances of many state and central departments publishing Aadhaar numbers next to banking details, or even instances of colour photocopies of Aadhaar cards &lt;a href="https://www.medianama.com/2018/03/223-details-of-aadhaar-cards-continue-to-be-available-on-the-internet/"&gt;being published online&lt;/a&gt;.&lt;/p&gt;
&lt;p class="india a1dbe" style="text-align: justify; "&gt;Government entities, especially the Unique Identification Authority of India (UIDAI), which administers Aadhaar, have been known to take a long time—sometimes even months—to respond to leaks. Worse, they have often hounded journalists and whistleblowers raising awareness about these incidents. For instance, the UIDAI filed a police case against The Tribune’s reporter and, weeks later, the newspaper’s &lt;a href="https://www.thehindu.com/news/national/us-human-rights-report-flags-curbs-on-indian-media/article26583665.ece"&gt;editor stepped down.&lt;/a&gt; CIS, which published the report about 130 million Aadhaar records being exposed, &lt;a href="https://thewire.in/government/aadhaar-remains-an-unending-security-nightmare-for-a-billion-indians"&gt;received a legal notice&lt;/a&gt; from the UIDAI.&lt;/p&gt;
&lt;h2 class="india _7d6a7" style="text-align: justify; "&gt;Why do leaks happen?&lt;/h2&gt;
&lt;p class="india a1dbe" style="text-align: justify; "&gt;India’s government agencies are undergoing rapid digitisation.&lt;/p&gt;
&lt;p class="india a1dbe" style="text-align: justify; "&gt;“There’s been a particular focus over the past few years to aggregate (data) from different databases that might normally exist in one area, or one scheme, and bring them together to one master spreadsheet,” said Chima of Access Now. “As a result of this, a lot of data is being collected in a few places and (the government) is not doing enough thinking…as to how to control and think about cybersecurity.”&lt;/p&gt;
&lt;p class="india a1dbe" style="text-align: justify; "&gt;Besides, government departments face major personnel and training issues in matters of cybersecurity.&lt;/p&gt;
&lt;p class="india a1dbe" style="text-align: justify; "&gt;“Most of the officials who collect information do not know about security practices, and they don’t really understand the challenges involved,” said Srinivas Kodali, a cybersecurity researcher who has uncovered many government leaks. “They think it’s normal data—they don’t understand the privacy implications of it.”&lt;/p&gt;
&lt;p class="india a1dbe" style="text-align: justify; "&gt;Beyond this, a lack of resources holds government bodies back from protecting user data. “Indian government departments require an increase in skill and resources to deal with information security,” said Karan Saini, a security researcher and policy officer at CIS, who has also reported leaks and vulnerabilities.&lt;/p&gt;
&lt;p class="india a1dbe" style="text-align: justify; "&gt;A lack of comprehensive privacy regulation exacerbates the problem. India does not currently have a data-protection law. A draft bill was put forth by the electronics and IT ministry last year, but it has been &lt;a href="https://qz.com/india/1343154/justice-srikrishnas-data-protection-bill-for-india-is-full-of-holes/"&gt;criticised by many&lt;/a&gt; for being too lenient on government institutions who handle citizen data.&lt;/p&gt;
&lt;h2 class="india _7d6a7" style="text-align: justify; "&gt;How leaks and lapses endanger democracy&lt;/h2&gt;
&lt;p class="india a1dbe" style="text-align: justify; "&gt;The issue of data leaks is deeply tied to one of the core threats to democracy today—voter microtargeting, which often takes the form of parties conveying conflicting messages to different social groups, in their attempts to get elected. Such targeting has been under the global spotlight since 2016, after secretive firm Cambridge Analytica reportedly used it in Donald Trump’s presidential campaign.&lt;/p&gt;
&lt;p class="india a1dbe" style="text-align: justify; "&gt;In India, “there’s a lot of these datasets of sensitive data about citizens available, which may have electoral implications in terms of how it affects people’s desire to vote, and the ability of parties to influence or micro-target them,” Chima said.&lt;/p&gt;
&lt;p class="india a1dbe" style="text-align: justify; "&gt;Parties have already demonstrated an appetite for citizen data. Modi’s Bharatiya Janata Party has already been known to target voters based on data such as &lt;a href="http://time.com/5512032/whatsapp-india-election-2019/"&gt;electricity bills&lt;/a&gt;, which are thought to reveal a voter’s socioeconomic standing.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;State-held data could be abused by politicians, especially those currently in power, to target or profile voters.&lt;/p&gt;
&lt;p class="india a1dbe" style="text-align: justify; "&gt;Now Aadhaar has come into the picture as well, with the government attempting, in a failed project, to link the biometrics-backed ID number with citizens’ voter ID numbers. The project was discontinued in 2015, but concerns remain about the way the data was collected, with &lt;a href="https://www.huffingtonpost.in/2018/11/08/election-commission-uidai-plan-to-link-aadhaar-to-voter-ids-may-have-robbed-millions-of-their-vote_a_23584297/"&gt;ground reports suggesting&lt;/a&gt; that reams of documents are still floating in government offices and private homes. It has also been suggested that the lapsed linking project resulted in the &lt;a href="https://qz.com/india/1459512/aadhaar-voter-id-linking-may-have-left-of-millions-in-india/"&gt;disenfranchisement of millions&lt;/a&gt;, due to an opaque algorithm it used.&lt;/p&gt;
&lt;p class="india a1dbe" style="text-align: justify; "&gt;Worries abound that existing state-held data could be abused by politicians, especially those currently in power, to target or profile voters. State resident data hubs (SRDH), which use Aadhaar to log full profiles of individuals, including the government schemes they avail, have &lt;a href="https://thewire.in/politics/how-political-parties-could-use-state-data-hubs-to-sway-voters"&gt;come under the scanner&lt;/a&gt; for being particularly dangerous for profiling.&lt;/p&gt;
&lt;p class="india a1dbe" style="text-align: justify; "&gt;Reports have already suggested the occurrence of such data being used for political gain. An app used by a leading party in Andhra Pradesh &lt;a href="https://www.thequint.com/news/india/elections-2019-seva-mitra-tdp-app-probe-voter-privacy-data-breach"&gt;has been accused&lt;/a&gt; of using stolen state data to profile voters based on caste, though the party denied this.&lt;/p&gt;
&lt;p class="india a1dbe" style="text-align: justify; "&gt;A government or political actor’s access to state repositories of data, which might be aided by data leaks, could be a truly sinister political tool that sways an election.&lt;/p&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/internet-governance/news/quartz-india-aria-thaker-april-4-2019-data-leaks-and-cybersecurity-should-be-an-election-issue-in-india'&gt;https://cis-india.org/internet-governance/news/quartz-india-aria-thaker-april-4-2019-data-leaks-and-cybersecurity-should-be-an-election-issue-in-india&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>Aria Thaker</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Internet Governance</dc:subject>
    

   <dc:date>2019-04-12T01:40:58Z</dc:date>
   <dc:type>News Item</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/internet-governance/blog/data-infrastructures-inequities-reproductive-health-surveillance-india">
    <title>Data Infrastructures and Inequities: Why Does Reproductive Health Surveillance in India Need Our Urgent Attention?</title>
    <link>https://cis-india.org/internet-governance/blog/data-infrastructures-inequities-reproductive-health-surveillance-india</link>
    <description>
        &lt;b&gt;In order to bring out certain conceptual and procedural problems with health monitoring in the Indian context, this article by Aayush Rathi and Ambika Tandon posits health monitoring as surveillance and not merely as a “data problem.” Casting a critical feminist lens, the historicity of surveillance practices unveils the gendered power differentials wedded into taken-for-granted “benign” monitoring processes. The unpacking of the Mother and Child Tracking System and the National Health Stack reveals the neo-liberal aspirations of the Indian state. &lt;/b&gt;
        
&lt;p&gt;&amp;nbsp;&lt;/p&gt;
&lt;p&gt;&lt;em&gt;The article was first published by &lt;a href="https://www.epw.in/engage/article/data-infrastructures-inequities-why-does-reproductive-health-surveillance-india-need-urgent-attention" target="_blank"&gt;EPW Engage, Vol. 54, Issue No. 6&lt;/a&gt;, on 9 February 2019.&lt;/em&gt;&lt;/p&gt;
&lt;hr /&gt;
&lt;h3&gt;&lt;strong&gt;Framing Reproductive Health as a Surveillance Question&lt;/strong&gt;&lt;/h3&gt;
&lt;p&gt;The approach of the postcolonial Indian state to healthcare has been Malthusian, with the prioritisation of family planning and birth control (Hodges 2004). Supported by the notion of socio-economic development arising out of a “modernisation” paradigm, the target-based approach to achieving reduced fertility rates has shaped India’s reproductive and child health (RCH) programme (Simon-Kumar 2006).&lt;/p&gt;
&lt;p&gt;This is also the context in which India’s abortion law, the Medical Termination of Pregnancy (MTP) Act, was framed in 1971, placing the decisional privacy of women seeking abortions in the hands of registered medical practitioners. The framing of the MTP act invisibilises females seeking abortions for non-medical reasons within the legal framework. The exclusionary provisions only exacerbated existing gaps in health provisioning, as access to safe and legal abortions had already been curtailed by severe geographic inequalities in funding, infrastructure, and human resources. The state has concomitantly been unable to meet contraceptive needs of married couples or reduce maternal and infant mortality rates in large parts of the country, mediating access along the lines of class, social status, education, and age (Sanneving et al 2013).&lt;/p&gt;
&lt;p&gt;While the official narrative around the RCH programme transitioned to focus on universal access to healthcare in the 1990s, the target-based approach continues to shape the reality on the ground. The provision of reproductive healthcare has been deeply unequal and, in some cases, in hospitals. These targets have been known to be met through the practice of forced, and often unsafe, sterilisation, in conditions of absence of adequate provisions or trained professionals, pre-sterilisation counselling, or alternative forms of contraception (Sama and PLD 2018). Further, patients have regularly been provided cash incentives, foreclosing the notion of free consent, especially given that the target population of these camps has been women from marginalised economic classes in rural India.&lt;/p&gt;
&lt;p&gt;Placing surveillance studies within a feminist praxis allows us to frame the reproductive health landscape as more than just an ill-conceived, benign monitoring structure. The critical lens becomes useful for highlighting that taken-for-granted structures of monitoring are wedded with power differentials: genetic screening in fertility clinics, identification documents such as birth certificates, and full-body screeners are just some of the manifestations of this (Adrejevic 2015). Emerging conversations around feminist surveillance studies highlight that these data systems are neither benign nor free of gendered implications (Andrejevic 2015). In continual remaking of the social, corporeal body as a data actor in society, such practices render some bodies normative and obfuscate others, based on categorisations put in place by the surveiller.&lt;/p&gt;
&lt;p&gt;In fact, the history of surveillance can be traced back to the colonial state where it took the form of systematic sexual and gendered violence enacted upon indigenous populations in order to render them compliant (Rifkin 2011; Morgensen 2011). Surveillance, then, manifests as a “scientific” rationalisation of complex social hieroglyphs (such as reproductive health) into formats enabling administrative interventions by the modern state. Lyon (2001) has also emphasised how the body emerged as the site of surveillance in order for the disciplining of the “irrational, sensual body”—essential to the functioning of the modern nation-state—to effectively happen.&lt;/p&gt;
&lt;h3&gt;&lt;strong&gt;Questioning the Information and Communications Technology for Development (ICT4D) and Big Data for Development (BD4D) Rhetoric&lt;/strong&gt;&lt;/h3&gt;
&lt;p&gt;Information and Communications Technology (ICT) and data-driven approaches to the development of a robust health information system, and by extension, welfare, have been offered as solutions to these inequities and exclusions in access to maternal and reproductive healthcare in the country.&lt;/p&gt;
&lt;p&gt;The move towards data-driven development in the country commenced with the introduction of the Health Management Information System in Andhra Pradesh in 2008, and the Mother and Child Tracking System (MCTS) nationally in 2011. These are reproductive health information systems (HIS) that collect granular data about each pregnancy from the antenatal to the post-natal period, at the level of each sub-centre as well as primary and community health centre. The introduction of HIS comprised cross-sectoral digitisation measures that were a part of the larger national push towards e-governance; along with health, thirty other distinct areas of governance, from land records to banking to employment, were identified for this move towards the digitalised provisioning of services (MeitY 2015).&lt;/p&gt;
&lt;p&gt;The HIS have been seen as playing a critical role in the ecosystem of health service provision globally. HIS-based interventions in reproductive health programming have been envisioned as a means of: (i) improving access to services in the context of a healthcare system ridden with inequalities; (ii) improving the quality of services provided, and (iii) producing better quality data to facilitate the objectives of India’s RCH programme, including family planning and population control. Accordingly, starting 2018, the MCTS is being replaced by the RCH portal in a phased manner. The RCH portal, in areas where the ANMOL (ANM Online) application has been introduced, captures data real-time through tablets provided to health workers (MoHFW 2015).&lt;/p&gt;
&lt;p&gt;A proposal to mandatorily link the Aadhaar with data on pregnancies and abortions through the MCTS/RCH has been made by the union minister for Women and Child Development as a deterrent to gender-biased sex selection (Tembhekar 2016). The proposal stems from the prohibition of gender-biased sex selection provided under the Pre-Conception and Pre-Natal Diagnostics Techniques (PCPNDT) Act, 1994. The approach taken so far under the PCPNDT Act, 2014 has been to regulate the use of technologies involved in sex determination. However, the steady decline in the national sex ratio since the passage of the PCPNDT Act provides a clear indication that the regulation of such technology has been largely ineffective. A national policy linking Aadhaar with abortions would be aimed at discouraging gender-biased sex selection through state surveillance, in direct violation of a female’s right to decisional privacy with regards to their own body.&lt;/p&gt;
&lt;p&gt;Linking Aadhaar would also be used as a mechanism to enable direct benefit transfer (DBT) to the beneficiaries of the national maternal benefits scheme. Linking reproductive health services to the Aadhaar ecosystem has been critiqued because it is exclusionary towards women with legitimate claims towards abortions and other reproductive services and benefits, and it heightens the risk of data breaches in a cultural fabric that already stigmatises abortions. The bodies on which this stigma is disproportionately placed, unmarried or disabled females, for instance, experience the harms of visibility through centralised surveillance mechanisms more acutely than others by being penalised for their deviance from cultural expectations.&amp;nbsp; This is in accordance with the theory of "data extremes,” wherein marginalised communities are seen as&amp;nbsp; living on the extremes of&amp;nbsp; data capture, leading to a data regime that either refuses to recognise them as legitimate entities or subjects them to overpolicing in order to discipline deviance (Arora 2016). In both developed and developing contexts, the broader purpose of identity management has largely been to demarcate legitimate and illegitimate actors within a population, either within the framework of security or welfare.&lt;/p&gt;
&lt;h3&gt;&lt;strong&gt;Potential Harms of the Data Model of Reproductive Health Provisioning&lt;/strong&gt;&lt;/h3&gt;
&lt;p&gt;Informational privacy and decisional privacy are critically shaped by data flows and security within the MCTS/RCH. No standards for data sharing and storage, or anonymisation and encryption of data have been implemented despite role-based authentication (NHSRC and Taurus Glocal 2011). The risks of this architectural design are further amplified in the context of the RCH/ANMOL where data is captured real-time. In the absence of adequate safeguards against data leaks, real-time data capture risks the publicising of reproductive health choices in an already stigmatised environment. This opens up avenues for further dilution of autonomy in making future reproductive health choices.&lt;/p&gt;
&lt;p&gt;Several core principles of informational privacy, such as limitations regarding data collection and usage, or informed consent, also need to be reworked within this context.&lt;sup&gt;[1]&lt;/sup&gt; For instance, the centrality of the requirement of “free, informed consent” by an individual would need to be replaced by other models, especially in the context of reproductive health of&amp;nbsp; rape survivors who are vulnerable and therefore unable to exercise full agency. The ability to make a free and informed choice, already dismantled in the context of contemporary data regimes, gets further precluded in such contexts. The constraints on privacy in decisions regarding the body are then replicated in the domain of reproductive data collection.&lt;/p&gt;
&lt;p&gt;What is uniform across these digitisation initiatives is their treatment of maternal and reproductive health as solely a medical event, framed as a data scarcity problem. In doing so, they tend to amplify the understanding of reproductive health through measurable indicators that ignore social determinants of health. For instance, several studies conducted in the rural Indian context have shown that the degree of women’s autonomy influences the degree of usage of pregnancy care, and that the uptake of pregnancy care was associated with village-level indicators such as economic development, provisioning of basic infrastructure and social cohesion. These contextual factors get overridden in pervasive surveillance systems that treat reproductive healthcare as comprising only of measurable indicators and behaviours, that are dependent on individual behaviour of practitioners and women themselves, rather than structural gaps within the system.&lt;/p&gt;
&lt;p&gt;While traditionally associated with state governance, the contemporary surveillance regime is experienced as distinct from its earlier forms due to its reliance on a nexus between surveillance by the state and private institutions and actors, with both legal frameworks and material apparatuses for data collection and sharing (Shepherd 2017). As with historical forms of surveillance, the harms of contemporary data regimes accrue disproportionately among already marginalised and dissenting communities and individuals. Data-driven surveillance has been critiqued for its excesses in multiple contexts globally, including in the domains of predictive policing, health management, and targeted advertising (Mason 2015). In the attempts to achieve these objectives, surveillance systems have been criticised for their reliance on replicating past patterns, reifying proximity to a hetero-patriarchal norm (Haggerty and Ericson 2000). Under data-driven surveillance systems, this proximity informs the preexisting boxes of identity for which algorithmic representations of the individual are formed. The boxes are defined contingent on the distinct objectives of the particular surveillance project, collating disparate pieces of data flows and resulting in the recasting of the singular offline self into various 'data doubles' (Haggerty and Ericson 2000). Refractive, rather than reflective, the data doubles have implications for the physical, embodied life of individual with an increasing number of service provisioning relying on the data doubles (Lyon 2001). Consider, for instance, apps on menstruation, fertility, and health, and wearables such as fitness trackers and pacers, that support corporate agendas around what a woman’s healthy body should look, be or behave like (Lupton 2014). Once viewed through the lens of power relations, the fetishised, apolitical notion of the data “revolution” gives way to what we may better understand as “dataveillance.”&lt;/p&gt;
&lt;h3&gt;&lt;strong&gt;Towards a Networked State and a Neo-liberal Citizen&lt;/strong&gt;&lt;/h3&gt;
&lt;p&gt;Following in this tradition of ICT being treated as the solution to problems plaguing India’s public health information system, a larger, all-pervasive healthcare ecosystem is now being proposed by the Indian state (NITI Aayog 2018). Termed the National Health Stack, it seeks to create a centralised electronic repository of health records of Indian citizens with the aim of capturing every instance of healthcare service usage. Among other functions, it also envisions a platform for the provisioning of health and wellness-based services that may be dispensed by public or private actors in an attempt to achieve universal health coverage. By allowing private parties to utilise the data collected through pullable open application program interfaces (APIs), it also fits within the larger framework of the National Health Policy 2017 that envisions the private sector playing a significant role in the provision of healthcare in India. It also then fits within the state–private sector nexus that characterises dataveillance. This, in turn, follows broader trends towards market-driven solutions and private financing of health sector reform measures that have already had profound consequences on the political economy of healthcare worldwide (Joe et al 2018).&lt;/p&gt;
&lt;p&gt;These initiatives are, in many ways, emblematic of the growing adoption of network governance reform by the Indian state (Newman 2001). This is a stark shift from its traditional posturing as the hegemonic sovereign nation state. This shift entails the delayering from large, hierarchical and unitary government systems to horizontally arranged, more flexible, relatively dispersed systems.&lt;sup&gt;[2]&lt;/sup&gt; The former govern through the power of rules and law, while the latter take the shape of self-regulating networks such as public–private contractual arrangements (Snellen 2005). ICTs have been posited as an effective tool in enabling the transition to network governance by enhancing local governance and interactive policymaking enabling the co-production of knowledge (Ferlie et al 2011). The development of these capabilities is also critical to addressing “wicked problems” such as healthcare (Rittel and Webber 1973).&lt;sup&gt;[3]&lt;/sup&gt; The application of the techno-deterministic, data-driven model to reproductive healthcare provision, then, resembles a fetishised approach to technological change. The NHSRC describes this as the collection of data without an objective, leading to a disproportional burden on data collection over use (NHSRC and Taurus Glocal 2011).&lt;/p&gt;
&lt;p&gt;The blurring of the functions of state and private actors is reflective of the neo-liberal ethic, which produces new practices of governmentality. Within the neo-liberal framework of reproductive healthcare, the citizen is constructed as an individual actor, with agency over and responsibility for their own health and well-being (Maturo et al 2016).&lt;/p&gt;
&lt;h3&gt;&lt;strong&gt;“Quantified Self” of the Neo-liberal Citizen&lt;/strong&gt;&lt;/h3&gt;
&lt;p&gt;Nowhere can the manifestation of this neo-liberal citizen can be seen as clearly as in the “quantified self” movement. The quantified self movement refers to the emergence of a whole range of apps that enable the user to track bodily functions and record data to achieve wellness and health goals, including menstruation, fertility, pregnancies, and health indicators in the mother and baby. Lupton (2015) labels this as the emergence of the “digitised reproductive citizen,” who is expected to be attentive to her fertility and sexual behaviour to achieve better reproductive health goals. The practice of collecting data around reproductive health is not new to the individual or the state, as has been demonstrated by the discussion above. What is new in this regime of datafication under the self-tracking movement is the monetisation of reproductive health data by private actors, the labour for which is performed by the user. Focusing on embodiment draws attention to different kinds of exploitation engendered by reproductive health apps. Not only is data about the body collected and sold, the unpaid labour for collection is extracted from the user. The reproductive body can then be understood as a cyborg, or a woman-machine hybrid, systematically digitising its bodily functions for profit-making within the capitalist (re)production machine (Fotoloulou 2016). Accordingly, all major reproductive health tracking apps have a business model that relies on selling information about users for direct marketing of products around reproductive health and well-being (Felizi and Varon nd).&lt;/p&gt;
&lt;p&gt;As has been pointed out in the case of big data more broadly, reproductive health applications (apps) facilitate the visibility of the female reproductive body in the public domain. Supplying anonymised data sets to medical researchers and universities fills some of the historical gaps in research around the female body and reproductive health. Reproductive and sexual health tracking apps globally provide their users a platform to engage with biomedical information around sexual and reproductive health. Through group chats on the platform, they are also able to engage with experiential knowledge of sexual and reproductive health. This could also help form transnational networks of solidarity around the body and health&amp;nbsp; (Fotopoulou 2016).&lt;/p&gt;
&lt;p style="text-align: justify;"&gt;This radical potential of network-building around reproductive and sexual health is, however, tempered to a large extent by the reconfiguration of gendered stereotypes through these apps. In a study on reproductive health apps on Google Play Store, Lupton (2014) finds that products targeted towards female users are marketed through the discourse of risk and vulnerability, while those targeted towards male users are framed within that of virility. Apart from reiterating gendered stereotypes around the male and female body, such a discourse assumes that the entire labour of family planning is performed by females. This same is the case with the MCTS/RCH.&lt;/p&gt;
&lt;p&gt;Technological interventions such as reproductive health apps as well as HIS are based on the assumption that females have perfect control over decisions regarding their own bodies and reproductive health, despite this being disproved in India. The Guttmacher Institute (2014) has found that 60% of women in India report not having control over decisions regarding their own healthcare. The failure to account for the husband or the family as stakeholder in decision-making around reproductive health has been a historical failure of the family planning programme in India, and is now being replicated in other modalities. This notion of an autonomous citizen who is able to take responsibility of their own reproductive health and well-being does not hold true in the Indian context. It can even be seen as marginalising females who have already been excluded from the reproductive health system, as they are held responsible for their own inability to access healthcare.&lt;/p&gt;
&lt;h3&gt;&lt;strong&gt;Concluding Remarks&lt;/strong&gt;&lt;/h3&gt;
&lt;p&gt;The interplay that emerges between reproductive health surveillance and data infrastructures is a complex one. It requires the careful positioning of the political nature of data collection and processing as well as its hetero-patriarchal and colonial legacies, within the need for effective utilisation of data for achieving developmental goals. Assessing this discourse through a feminist lens identifies the web of power relations in data regimes. This problematises narratives of technological solutions for welfare provision.&lt;/p&gt;
&lt;p&gt;The reproductive healthcare framework in India then offers up a useful case study to assess these concerns. The growing adoption of ICT-based surveillance tools to equalise access to healthcare needs to be understood in the socio-economic, legal, and cultural context where these tools are being implemented. Increased surveillance has historically been associated with causing the structural gendered violence that it is now being offered as a solution to. This is a function of normative standards being constructed for reproductive behaviour that necessarily leave out broader definitions of reproductive health and welfare when viewed through a feminist lens. Within the larger context of health policymaking in India, moves towards privatisation then demonstrate the peculiarity of dataveillance as it functions through an unaccountable and pervasive overlapping of state and private surveillance practises. It remains to be seen how these trends in ICT-driven health policies affect access to reproductive rights and decisional privacy for millions of females in India and other parts of the global South.&lt;/p&gt;
&lt;p&gt;&amp;nbsp;&lt;/p&gt;

        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/internet-governance/blog/data-infrastructures-inequities-reproductive-health-surveillance-india'&gt;https://cis-india.org/internet-governance/blog/data-infrastructures-inequities-reproductive-health-surveillance-india&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>Aayush Rathi and Ambika Tandon</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Big Data</dc:subject>
    
    
        <dc:subject>Data Systems</dc:subject>
    
    
        <dc:subject>Privacy</dc:subject>
    
    
        <dc:subject>Researchers at Work</dc:subject>
    
    
        <dc:subject>Internet Governance</dc:subject>
    
    
        <dc:subject>Research</dc:subject>
    
    
        <dc:subject>BD4D</dc:subject>
    
    
        <dc:subject>Healthcare</dc:subject>
    
    
        <dc:subject>Surveillance</dc:subject>
    
    
        <dc:subject>Big Data for Development</dc:subject>
    

   <dc:date>2019-12-30T16:44:32Z</dc:date>
   <dc:type>Blog Entry</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/internet-governance/news/new-indian-express-kiran-parashar-km-july-26-2017-data-in-the-open-makes-it-easy-for-cyber-criminals">
    <title>Data in the open makes it easy for cyber criminals</title>
    <link>https://cis-india.org/internet-governance/news/new-indian-express-kiran-parashar-km-july-26-2017-data-in-the-open-makes-it-easy-for-cyber-criminals</link>
    <description>
        &lt;b&gt;With data of about 10 crore bank accounts available in the public domain, it has become easy for cyber criminals to steal money. What makes detection of such crimes tough is the lack of convergence between various departments and sectors.&lt;/b&gt;
        &lt;p style="text-align: justify; "&gt;The article by Kiran Parashar KM was &lt;a class="external-link" href="http://www.newindianexpress.com/cities/bengaluru/2017/jul/26/data-in-the-open-makes-it-easy-for-cyber-criminals-1633664.html"&gt;published in the New Indian Express&lt;/a&gt; on July 26, 2017. Pranesh Prakash was quoted.&lt;/p&gt;
&lt;hr style="text-align: justify; " /&gt;
&lt;p style="text-align: justify; "&gt;A recent report of Centre for Internet and Society-India suggests  that data of 10 crore bank accounts is available in the public domain.  It points out that the availability of Aadhaar numbers along with bank  accounts and phone numbers increases the risk of financial fraud. Social  engineering is often used to find out details of bank accounts, credit  card numbers and passwords to steal money.&lt;br /&gt; Investigating officials say once a victim files a complaint, they seek  information from banks and many times, private banks don’t even reply.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;“Also,  we also have observed there are a lot of loopholes in the banking  system. Banks outsource credit/debit card issuance and maintenance to  agencies who follow security protocols. In many cases, insiders helped  in sharing information,” a police officer said.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Nilesh Jain, Country Manager — (India and SAARC), Trend Micro, which  provides cyber security solutions, says, “With more people using online  transactions, there is a growing number of hackers. Most ATMs are on the  legacy operating system of Windows. Banks have started realising that  there are malwares designed to attack ATMs.With RBI mandating that banks  should report security attacks within six hours, hackers will no longer  get an upper hand.”&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Pranesh Prakash, Policy Director at the  Centre for Internet and Society, says, “There are many ways bank  customers can safeguard themselves: using a browser-based password  manager, and by never entering their banking username on any site other  than their bank (which they should confirm via web address). Banks  should offer a form of multi-factor authentication called “universal 2nd  factor” (U2F) which prevents fraud in the form of man-in-the-middle  attacks by phishing websites. Unless banks roll out U2F, they should  refund any losses a customer faces due to fraud.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;b&gt;Case studies&lt;/b&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;June 2017&lt;br /&gt; Vinod Kumar Pacchiyappan, manager of SBI Cards and Payment Services Pvt  Ltd filed a police complaint that Know Your Customer data of customers  was compromised.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;May 2016&lt;br /&gt;A US couple were cheated of D6 lakh in just two hours where criminals used their bank data and shopped online.&lt;br /&gt; &lt;br /&gt;January 2016&lt;br /&gt; Seven people from Telangana, including an Axis Bank deputy manager, were  held in Bengaluru for allegedly hacking into people’s bank accounts  using mobile banking apps and stealing money.&lt;/p&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/internet-governance/news/new-indian-express-kiran-parashar-km-july-26-2017-data-in-the-open-makes-it-easy-for-cyber-criminals'&gt;https://cis-india.org/internet-governance/news/new-indian-express-kiran-parashar-km-july-26-2017-data-in-the-open-makes-it-easy-for-cyber-criminals&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>Admin</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Internet Governance</dc:subject>
    

   <dc:date>2017-07-29T02:40:05Z</dc:date>
   <dc:type>News Item</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/internet-governance/news/data-for-development-mapping-key-considerations-for-policy-and-practice-in-india">
    <title>Data for Development: Mapping key considerations for policy and practice in India</title>
    <link>https://cis-india.org/internet-governance/news/data-for-development-mapping-key-considerations-for-policy-and-practice-in-india</link>
    <description>
        &lt;b&gt;On 24 April 2019 Arindrajit Basu delivered a talk at an event titled at Data for Development:Mapping key considerations for policy and practice in India at Azim Premchand University. &lt;/b&gt;
        &lt;p style="text-align: justify; "&gt;Arindrajit presented some of CIS's work on artificial intelligence and its work on privacy and the SriKrishna Bill, some of the constitutional contours of India's data governance policies and some of the larger implications on India's foreign policy vision as an emerging economy.&lt;/p&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/internet-governance/news/data-for-development-mapping-key-considerations-for-policy-and-practice-in-india'&gt;https://cis-india.org/internet-governance/news/data-for-development-mapping-key-considerations-for-policy-and-practice-in-india&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>Admin</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Internet Governance</dc:subject>
    
    
        <dc:subject>Privacy</dc:subject>
    

   <dc:date>2019-04-25T15:17:55Z</dc:date>
   <dc:type>News Item</dc:type>
   </item>




</rdf:RDF>
