Rethinking National Privacy Principles: Evaluating Principles for India's Proposed Data Protection Law
This report is intended to be the first part in a series of white papers that CIS will publish which seeks to contribute to the discussions around the enactment of a privacy legislation in India. In subsequent pieces we will focus on subjects such as regulatory framework to implement, supervise and enforce privacy principles, and principles to regulate surveillance in India under a privacy law.
Edited by Elonnai Hickok and Vipul Kharbanda
This analysis intends to build on the substantial work done in the formulation of the National Privacy Principles by the Committee of Experts led by Justice AP Shah.1 This brief, hopes to evaluate the National Privacy Principles and the assertion by the Committee that right to privacy be considered a fundamental right under the Indian Constitution. The national privacy principles have been revisited in light of technological developments such as big data, Internet of Things, algorithmic decision making and artificial intelligence which are increasingly playing a greater role in the collection and processing of personal data of individuals, its analysis and decisions taken on the basis of such analysis. The solutions and principles articulated in this report are intended to provide starting points for a meaningful and nuanced discussion on how we need to rethink the privacy principles that should inform the data protection law in India.
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Author
Amber Sinha
Amber, Senior Programme Manager at CIS, works on issues surrounding privacy, big data, and cyber security. He is interested in the impact of emerging technologies like AI and learning algorithms on existing legal frameworks, and how they need to evolve in response. Amber can be reached at amber at cis-india dot org, and at @ambersinha07.
