The Centre for Internet and Society
https://cis-india.org
These are the search results for the query, showing results 21 to 35.
How does the government track all its legal cases?
https://cis-india.org/internet-governance/news/livemint-september-13-2016-shreeja-sen-how-does-govt-track-all-its-legal-cases
<b>The Legal Information Management and Briefing System , an integral part of the digital India initiative, aims to be a database of all the ongoing cases with the government. </b>
<p style="text-align: justify; ">The article by Shreeja Sen <a href="http://www.livemint.com/Politics/e8NH6lBlIFbBss0cP54hrJ/How-does-the-government-track-all-its-legal-cases.html">published by Livemint</a> on September 13, 2016 has quoted Sunil Abraham.</p>
<hr style="text-align: justify; " />
<p style="text-align: justify; ">More than one lakh cases currently exist on a law ministry platform curated in the last 13 months.The Legal Information Management and Briefing System (LIMBS), aimed to be a database of all the ongoing cases with the government as a party, is part of the government’s push towards digital India.</p>
<p style="text-align: justify; ">Law secretary Suresh Chandra said this is a big step under the Digital India project, intended to monitor and ultimately reduce spending on government litigation.</p>
<p style="text-align: justify; ">“The aim is to conduct cases properly. If our system works, along with the national litigation policy, we will be able to prevent 50% cases before they are even filed,” Chandra said.</p>
<p style="text-align: justify; ">According to the government, the project will help reduce delays in filing responses in cases , contempt notices because of such delays and consequent monetary penalties.</p>
<p style="text-align: justify; ">The website has also undergone the required security audit under the NIC (national informatics centre), to ensure the data is safe and protected. However, a database like this on the internet comes with its challenges.</p>
<p style="text-align: justify; ">“To ensure client confidentiality, communication should be bilateral between lawyer and client and should be encrypted and even watermarked. If this project allows access to documents by multiple stakeholders without encrypting it for the recipient, then if there is any leak, the documents cannot be traced back to the person who was responsible,” said Sunil Abraham, executive director at Centre for Internet and Society, a non-profit research organisation.</p>
<p style="text-align: justify; ">The LIMBS project began internally at the ministry of railway sometime in 2013, but was soon expanded as a single platform across ministries. In July 2015, it was hosted on the NIC server. The law ministry, by a gazette notification on 8 February, formally launched LIMBS to monitor cases filed against the Union government.</p>
<p style="text-align: justify; ">As of now, there is no special budget allocated for this project, which is being handled in house with a team of eight people – four developers on the technology side and four implementers for the case details. The development of the website is being handled by Ajay Gupta, deputy chief vigilance officer, northern railway. From the law ministry, Spriha Johari is the project director responsible for the website.</p>
<p style="text-align: justify; ">As of 12 September, the five ministries with the most uploads on the website were railways (69,469 cases), communications and information technology (7,830), finance (4452), environment (3,189) and defence (2,565).</p>
<p style="text-align: justify; ">Every day, nearly 400-500 cases are added to the portal. In all 58 ministries and their 202 departments have been brought under the LIMBS project.</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/news/livemint-september-13-2016-shreeja-sen-how-does-govt-track-all-its-legal-cases'>https://cis-india.org/internet-governance/news/livemint-september-13-2016-shreeja-sen-how-does-govt-track-all-its-legal-cases</a>
</p>
No publisherpraskrishnaDigital IndiaInternet Governance2016-09-14T10:17:07ZNews ItemDigital India Needs These Policy Changes
https://cis-india.org/telecom/blog/business-standard-september-1-2016-shyam-ponappa-digital-india-needs-these-policy-changes
<b>Appropriate policies will increase connectivity much more than spectrum auctions.</b>
<p style="text-align: justify; ">The article originally published in the <a class="external-link" href="http://www.business-standard.com/article/opinion/shyam-ponappa-digital-india-needs-these-policy-changes-116083101392_1.html">Business Standard </a>on August 31, 2016 was mirrored in <a class="external-link" href="http://organizing-india.blogspot.in/2016/09/digital-india-needs-these-policy-changes.html">Organizing India Blogspot</a> on September 1, 2016.</p>
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<p style="text-align: justify; "><span><span>There's a "List of 10 Things" for realising India's potential that Prime Minister Narendra Modi </span><span>received as the chief minister of Gujarat from Jim O'Neill, the originator of the "BRIC" concept. Many items on that list are greatly facilitated by information and communications technology (ICT): effective governance; primary, secondary, and tertiary education; improved infrastructure; and sustainable approaches that minimise negative environmental impact. While there's agreement on ICT's importance for India, there's difficulty getting it in place to best effect. This is because policy changes are needed to make Digital India </span><span>a reality. These are the kinds of decisions that will turn the rhetoric about connectivity </span><span>into reality.</span><br /><br /><span>Some changes are relatively easy, such as enabling 60 GHz Wi-Fi, while others require more effort, as explained below. These include better terms for satellite communications, enabling broadband </span><span>on the 500-600 MHz bands, and spectrum </span><span>and network sharing.</span><br /><br /><span>In our land of such range and contradictions, so much needs improvement that everything clamours for immediate attention. Attempts to address them all together are misplaced, however, because achieving results requires goal orientation, prioritisation and systematic action, to direct a convergent investment of time, effort and capital. Also, projects must be done with the realisation that the acid test is end-to-end delivery, even if it is initially to a small segment of the market. Only then can the rest of the iceberg be addressed: consistent, ongoing operation and maintenance, and scaling up. Think of the years of effort, capital and human resources invested without that first delivery in the National Optic Fibre Network. While defining objectives appropriately and setting priorities are difficult, both are imperative.</span><br /><br /><span>A recent report on The Networked Society City Index for 2016 by Ericsson reaffirms ICT's critical role in productivity and living standards.1 The report also shows that better-developed cities are on more sustainable paths to the goal of the desirable triple bottom line (TBL) of social, economic and environmental betterment. ICT facilitates not only sustainable development of cities and often their surroundings, but extends through the networked society far beyond their geographical environs. Even our metros need attention, with Mumbai and Delhi ranking at 36 and 38 out of 41.</span></span><br /> <span><span><br /></span></span> <span><b><span>The Wireless Imperative</span></b></span></p>
<div class="separator" style="text-align: justify; "><span><br /></span></div>
<p style="text-align: justify; "><span><span>Efforts at setting up Digital India </span><span>have to contend with the reality that most non-urban communications have to be wireless, as does a significant proportion of urban access. This is because the cost and practical difficulties in laying and maintaining fibre everywhere is far greater than building wireless networks. The accompanying chart, showing the spread of broadband </span><span>in India at the end of March 2016, illustrates this point.</span></span><br /> <span><br /></span> <span><a href="https://1.bp.blogspot.com/-yhzBSMelM-U/V9YMHFgKTAI/AAAAAAAACh0/iEZIIXhGUG8wXyDSTPWvITNxZWPmVMdjwCLcB/s1600/The%2BWireless%2BImperative-2016-03.png" style="text-align: center; "><img height="320" src="https://1.bp.blogspot.com/-yhzBSMelM-U/V9YMHFgKTAI/AAAAAAAACh0/iEZIIXhGUG8wXyDSTPWvITNxZWPmVMdjwCLcB/s320/The%2BWireless%2BImperative-2016-03.png" width="275" /></a><br /><br /><br /><span>The clusters are around major cities, with broadband </span><span>penetration in Delhi/NCR highest at 58.2 per cent. Except along their major connecting links, the spaces between clusters are more difficult to connect and aggregate, as habitations are not densely clustered. Also, potential revenues are generally lower in less dense areas. Such areas urgently need lower-cost wireless coverage.</span></span><br /> <span> <br /><b><span>Policy Changes Required - from Easy to Difficult</span></b></span><br /> <span><span><br /></span></span> <span><span>Of the many constraints to building more accessible ICT in India, a major set lies within the control of government and stakeholders, provided they act together and are not adversarial about policies governing access technologies:</span></span><br /> <br /></p>
<ul style="text-align: justify; ">
<li><span>There are unused frequencies in the 60 GHz band for which inexpensive equipment is available abroad with a capacity of several gigabits. Press reports years ago mentioned the de-licensing of this band in India. Last November, the Telecom Regulatory Authority of India (TRAI) recommended de-licensing Wi-Fi use, and light licensing backhaul with minimal charges. Yet, this asset is wasted because there's no policy permitting its use. It costs nothing to de-license in line with global norms. Apart from additional Wi-Fi capacity, service providers could use it for backhaul from small cells. Revenues are likely to rise, and the government would collect increased taxes. Domestic manufacturers could possibly develop products for what should be a huge market.<br /> </span></li>
<li><span>Another proven technology is satellite communications. This is priced too high in India, as explained in "Satellite communications can drive the broadband revolution", Business Standard, 23 April 2016.2 Satcom tariffs are apparently nearly 300 times higher than in the US, while private sector applications for manufacturing satellites are languishing. Also, there is considerable potential for manufacturing associated equipment, such as VSATs, end-user terminals, and so on.<br /> </span></li>
<li><span>A third area is unused or underutilised government spectrum. The most-useful and least-controversial, except for turf considerations, is unused broadcast spectrum in the sub-700 MHz bands. Government departments, namely, the department of telecommunications (DoT), the Ministry of Information and Broadcasting (I&B), the Department of Electronics and Information Technology (DeITY), and the Trai, could coordinate their approach, so that I&B and Doordarshan retain the spectrum, while allowing common access to shared spectrum and infrastructure for paid use by service providers. Doordarshan could increase its reach by providing programming and content over these links.</span><span><br />These frequencies would be most effective in extending rural broadband, because of the distances that could be covered inexpensively. There is an issue with equipment, as there are no large, established markets anywhere yet for TV White Space devices, and there is insufficient support for local manufacturing even with Indian intellectual property rights. In fact, we have a Catch-22 situation here: such devices are likely to have massive deployment in India, but we don't have policies that allow these frequencies for broadband. The irony is that developers who manufacture prototypes in India have no access to</span><span> spectrum </span><span><span>even for testing their products, and will have to rely on markets abroad for testing as well as sales.</span><span><b><span> </span></b></span></span></li>
</ul>
<p style="text-align: justify; "><span><span><b><span>Other Frequencies</span></b></span></span></p>
<ul style="text-align: justify; ">
</ul>
<p style="text-align: justify; "><span> </span><span> <span> </span></span><span><span>Rules restricting usage of other frequencies could also be amended through a coordinated process. The result could be policies that treat spectrum usage as part of a shared infrastructure solution for Digital India. Using a shared access for payment approach with secondary sharing, primary holders of spectrum can retain usage rights, while government revenues accrue from swathes of spectrum that now remain unused, and holders of spectrum earn from common access.</span></span></p>
<p>
For more details visit <a href='https://cis-india.org/telecom/blog/business-standard-september-1-2016-shyam-ponappa-digital-india-needs-these-policy-changes'>https://cis-india.org/telecom/blog/business-standard-september-1-2016-shyam-ponappa-digital-india-needs-these-policy-changes</a>
</p>
No publisherShyam PonappaTelecomDigital IndiaSpectrum2016-10-02T10:09:17ZBlog EntryUIDAI and Welfare Services: Exclusion and Countermeasures (Bangalore, August 27)
https://cis-india.org/internet-governance/events/uidai-and-welfare-services-exclusion-and-countermeasures-aug-27
<b>The Centre for Internet and Society (CIS) invites you to a one day workshop, on Saturday, August 27, 2016, to discuss, raise awareness of, and devise countermeasures to exclusion due to implementation of UID-based verification for and distribution of welfare services. We look forward to making this a forum for knowledge exchange and a learning opportunity for our friends and colleagues.</b>
<p> </p>
<h3>Invitation</h3>
<p><a href="http://cis-india.org/internet-governance/files/uidai-and-welfare-services-exclusion-and-countermeasures/at_download/file">Download</a> (PDF)</p>
<p> </p>
<h3>Venue</h3>
<p>Institution of Agricultural Technologists, No. 15, Queen’s Road, Bangalore, 560 052.</p>
<p>Location on Google Map: <a href="https://www.google.com/maps/place/Institution+of+Agricultural+Technologists/" target="_blank">https://www.google.com/maps/place/Institution+of+Agricultural+Technologists/</a>.</p>
<p> </p>
<h3>Agenda</h3>
<p><strong>10:00-10:30</strong> Tea and Coffee</p>
<p><strong>10:30-11:00</strong> Introductions and Updates from Delhi Workshop</p>
<p><strong>11:00-12:45</strong> Reconfiguration of Welfare Governance by UIDAI</p>
<p><strong>12:45-14:00</strong> Lunch</p>
<p><strong>14:00-15:00</strong> Updates on Ongoing Cases against UIDAI</p>
<p><strong>15:00-15:15</strong> Tea and Coffee</p>
<p><strong>15:15-16:45</strong> Open Discussion on Countering Welfare Exclusion</p>
<p><strong>16:45-17:00</strong> Tea and Coffee</p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/events/uidai-and-welfare-services-exclusion-and-countermeasures-aug-27'>https://cis-india.org/internet-governance/events/uidai-and-welfare-services-exclusion-and-countermeasures-aug-27</a>
</p>
No publishersumandroExclusionDigital GovernancePrivacyInternet GovernanceDigital IndiaAadhaarWelfare GovernanceUID2016-08-22T13:25:03ZEventPublic Panel Discussion: Digitalisation for Social Change
https://cis-india.org/internet-governance/news/public-panel-discussion-digitalisation-for-social-change
<b>Sunil Abraham is participating as a panelist in a discussion co-organized by Mount Carmel College, Bangalore and Friedrich-Ebert-Stiftung, India Office in Bangalore on August 22, 2016.</b>
<p>Welcome Remarks by Sunanda BV , Mount Carmel College, Bangalore and Patrick Ruether, Friedrich-Ebert-Stiftung, India Office</p>
<p>On the Panel:</p>
<ul>
<li style="text-align: justify; ">Digital Solutions to social problems and development challenges or Social Entrepreneurship and digital transformation: Sunil Abraham, Centre for Internet and Society</li>
<li>Gendered perspective on digital transformation: Anita Gurumurthy , IT for Change</li>
<li>India 2030 – the change I want Maureen Almeida, Student, Mount Carmel College</li>
<li>Technology as best practice: Anurag Shanker, NASVI, New Delhi</li>
</ul>
<p>Note: Each panelist will give an input for about 5-7 minutes and this will be followed by Q&A session moderated by Rakhee Bakshee, Women's Feature Service</p>
<p>For more info contact: Jyoti Rawal, <a class="mail-link" href="mailto:jyoti@fesindia.org">jyoti@fesindia.org</a></p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/news/public-panel-discussion-digitalisation-for-social-change'>https://cis-india.org/internet-governance/news/public-panel-discussion-digitalisation-for-social-change</a>
</p>
No publisherpraskrishnaDigital IndiaInternet Governance2016-08-19T13:47:28ZNews ItemRational Internet laws essential to fulfil India’s digital goals
https://cis-india.org/internet-governance/news/deccan-chronicle-krishna-makwana-august-14-2016-rational-internet-laws-essential-to-fulfil-indias-digital-goals
<b>India has emerged as a digitally-connected nation but experts suggest the country still lacks pragmatic Internet laws.
</b>
<p style="text-align: justify; ">The article by Krishna Makwana was <a class="external-link" href="http://www.deccanchronicle.com/technology/in-other-news/140816/rational-internet-laws-essential-to-fulfil-indias-digital-goals.html">published by Deccan Chronicle</a> on August 14, 2016. Sunil Abraham was quoted.</p>
<hr />
<p style="text-align: justify; "><br />According to a report by Internet and Mobile Association of India, our country has approximately 400 million Internet users. Given the fact that we now prevail in the digital age, the government needs to work towards devising an unbiased internet policy for helping budding entrepreneurs and businesses.<br /><br />Though the government, under its Digital India initiative, has addressed manifold problems over the past year, the ambiguous internet laws in the country have had a drastic effect on businesses and individuals.<br /><br />Sunil Abraham, Executive Director of Centre for Internet Society, said, “There are three categories of laws which we must consider. One, speech regulation laws –- here we tend to be more repressive in comparison to other mature democracies. Two, intellectual property law which can enable or undermine access to knowledge -– here we are quite progressive and we must thank our policymakers for their foresight. Three, privacy and data protection laws –- these are incomplete, outdated or missing -– this not only undermines the rights of citizens but also weakens our cyber security.”<br /><br />Defamation and national security can be listed among other issues that have threatened free speech; there have been instances where weak Internet laws led to the defamation of several artists and authors, curbing freedom to expression.<br /><br />Not only individuals but online businesses have also had to limit their potential, in order adhere to the India’s hazy Internet laws. Among others, countless websites have been blocked by the government over the past few years.<br /><br />However, with proper regulation in place along with rational vigilance, many of these problems might cease to exist.<br /><br />It’s essential that these issues are thought about, in-depth. The country needs to build a structure that can deliver innovation, protection and provision of one and all.<br /><br />“Without improving the three important areas that I pointed out, we cannot be successful at Digital India, Make In India and Start Up India,” Abraham concluded.<br /><br /></p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/news/deccan-chronicle-krishna-makwana-august-14-2016-rational-internet-laws-essential-to-fulfil-indias-digital-goals'>https://cis-india.org/internet-governance/news/deccan-chronicle-krishna-makwana-august-14-2016-rational-internet-laws-essential-to-fulfil-indias-digital-goals</a>
</p>
No publisherpraskrishnaDigital IndiaInternet Governance2016-08-15T04:13:06ZNews ItemBreakthroughs Needed For Digital India
https://cis-india.org/telecom/blog/business-standard-april-6-2016-shyam-ponappa-breakthroughs-needed-for-digital-india
<b>It's time the government accepts that current policies are not enough to bring about Digital India.</b>
<p style="text-align: justify; ">The article originally published in the <a class="external-link" href="http://www.business-standard.com/article/opinion/shyam-ponappa-breakthroughs-needed-for-digital-india-116040601241_1.html">Business Standard</a> on April 6, 2016 was also mirrored on <a class="external-link" href="http://organizing-india.blogspot.in/2016/04/breakthroughs-needed-for-digital-india.html">Organizing India BlogSpot</a> on April 7, 2016.</p>
<hr style="text-align: justify; " />
<p style="text-align: justify; ">It helps to remind oneself of the scale of Digital India, its magnitude and sweep: to provide e-governance and other e-services everywhere, including 250,000 gram panchayats serving another 400,000 villages. That includes all the backbone and aggregation networks, and institutional processes to get there. The links in<a href="http://digitalindia.gov.in/" target="_blank">digitalindia.gov.in</a>, such as <a href="http://www.bbnl.nic.in/" target="_blank">http://www.bbnl.nic.in/</a>, illustrate what's involved - and because many users are from households, the demand is for even more extensive networks.<br /><br />The menu of services through Internet access is ambitious, and includes government services, health care, education, market information, financial services and so on. But it's the lack of basic access, of the "pipes" and "plumbing" for connectivity, that's the first, most difficult, yet essential step. Until this aspect is in place, getting results in areas such as efficient delivery of electricity, e-governance - including subsidies, education and skills, health care, manufacturing, and so on - is very much more difficult.<br /><br />These services make up a robust wishlist, although their commercial underpinnings have yet to be designed and spelt out. As regards delivery, significant policy developments were reported last week. The Telecom Commission approved the operation of virtual network operators, allowing for operators who don't own networks or spectrum. They also recommended lowering spectrum usage charges from five per cent to three per cent of Adjusted Gross Revenues, while the exception of one per cent for Broadband Wireless Access spectrum continues. The bad news was in the Budget for 2016: service tax of 14.5 per cent on spectrum acquisitions, including through auctions.<br /><br />But these are simply not enough. It's time the government accepts that Digital India is too distant, and they'd better formulate corrective measures. For example, even after 10 years with some success in setting up Common Services Centres (CSCs) in parts of the country, there doesn't seem to be a replicable template with sufficient momentum for ubiquitous connectivity. Worse, urban services remain constrained by too little spectrum that costs too much, with many impediments to augmenting capacity.<br /><br />Consider factors affecting execution and delivery.<br /><br />First, there's the telecommunications industry in its current beleaguered state. Its constituents have their backs to the wall for various reasons:</p>
<ul style="text-align: justify; ">
<li>Low revenues and high costs.</li>
<li>Constrained access because of shortages - of networks; or of the means to build them, such as inexpensive rights-of-way, where laying fibre is feasible and viable; and where that isn't, shortage of inexpensive spectrum, and other cost-impediments such as local government charges for towers.</li>
<li>Below-par services for current demand.</li>
<li>Loads of debt, much of it incurred to pay for spectrum.</li>
<li>Banks with little appetite for further lending to this sector, and</li>
<li>Uncertain market sentiment.</li>
</ul>
<p style="text-align: justify; "> </p>
<div style="text-align: justify; ">For local manufacturers, the competition from global vendors is formidable if not overwhelming, given their advantages of ready access to capital, tax breaks, state sponsorship, established products and markets, and relationships. Access to spectrum will enable development and testing of devices, which is very difficult under present circumstances, but local manufacturing also needs entire ecosystems.</div>
<div style="text-align: justify; "></div>
<p style="text-align: justify; "><br />For the government, there's an overriding imperative for revenue collection. The motivation is an unrelenting need for (legitimate) expenditure on infrastructure, governance, and basic welfare in a developing economy. This is compounded by execution on a massive scale that also involves changes in user behaviour, for instance, village institutions like CSCs that have yet to take root. Another level of complexity is because two-thirds of users are from non-urban areas requiring extensive wireless broadband, untested for rural delivery except for satellite television.</p>
<p style="text-align: justify; "> </p>
<p style="text-align: justify; ">With the public and media suspicious of government and industry, resolving these aspects is more difficult because of their skepticism and opposition. There's a disinclination to evaluate policies objectively because of recent scams. It is increasingly obvious that plugging away at legacy plans with their failure rate won't do, and more effective ways must be framed to achieve connectivity. For solutions acceptable to the government, to service providers, and the public, essential criteria are transparency and fairness. Next, the approach must be practicable, yield reasonable government revenues, and have reasonable profit potential. All these elements are required for sustainable initiatives. Every step has to be thought through, with all government departments working together (another big ask) and with industry, from the basic strands: connective links, sustainable equipment at reasonable cost, and revenue streams (whether from user payments or partly from subsidies) for services and content to more than cover those costs.</p>
<p>
For more details visit <a href='https://cis-india.org/telecom/blog/business-standard-april-6-2016-shyam-ponappa-breakthroughs-needed-for-digital-india'>https://cis-india.org/telecom/blog/business-standard-april-6-2016-shyam-ponappa-breakthroughs-needed-for-digital-india</a>
</p>
No publisherShyam PonappaTelecomDigital India2016-05-04T02:34:19ZBlog EntryThe Aadhaar Act is Not a Money Bill
https://cis-india.org/internet-governance/blog/the-aadhaar-act-is-not-a-money-bill
<b>While the authority of the Lok Sabha Speaker is final and binding, Jairam Ramesh’s writ petition may allow the Supreme Court to question an incorrect application of substantive principles. This article by Amber Sinha was published by The Wire on April 24, 2016.</b>
<p> </p>
<p>Originally published by <a href="http://thewire.in/2016/04/24/the-aadhaar-act-is-not-a-money-bill-31297/">The Wire</a> on April 24, 2016.</p>
<hr />
<p>Since its introduction as a money bill in the Lok Sabha in the first week of March <strong>[1]</strong>, the Aadhaar (Targeted delivery of Financial and other subsidies, benefits and services) Bill, 2016 has been embroiled in controversy. The Lok Sabha rejected the five recommendations of the Rajya Sabha and adopted the bill on March 16 and only presidential assent was required for it become to become valid law. However, former Union Minister Jairam Ramesh filed a writ petition contesting the decision to treat the Aadhaar Bill as a money bill. The petition is due to be heard before the Supreme Court on April 25, and should the court decide to entertain the petition, it could have far-reaching implications for the Aadhaar project and the manner in which money bills are passed by the Parliament.</p>
<p>There are three broad categories of bills (all legislations or Acts are known as ‘bills’ till they are passed by the Parliament) that the Parliament can pass. The first kind, Constitution Amendment Bills, are those that seek to amend a provision in the Constitution of India. The second are financial bills which contain provisions on matters of taxation and expenditure. Money bills are a subset of the financial bills which contain provisions only related to taxation, financial obligations of the government, expenditure from or receipt to the Consolidated Fund of India and any matters incidental to the above. The third category is of ordinary bills which includes all other bills. The process for the enactment of all these bills is different. Money bills are peculiar in that they can only be introduced in the Lok Sabha where it can be passed by simple majority. Following this, it is transmitted to the Rajya Sabha. The Rajya Sabha’s powers are restricted to giving recommendations on the Bill and sending it back to the Lok Sabha, which the Lok Sabha is under no obligation to accept. The decision to introduce the Aadhaar Bill as a money bill has been widely seen as an attempt to circumvent the Rajya Sabha where the ruling party is in a minority.</p>
<p>Article 110 (1) of the Constitution defines a money bill as one containing provisions only regarding the matters enumerated or any matters incidental to them. These are a) imposition, regulation and abolition of any tax, b) borrowing or other financial obligations of the Government of India, c) custody, withdrawal from or payment into the Consolidated Fund of India (CFI) or Contingent Fund of India, d) appropriation of money out of CFI, e) expenditure charged on the CFI or f) receipt or custody or audit of money into CFI or public account of India. Article 110 is modelled on Section 1(2) of the (UK) Parliament Act, 1911 which also defines the money bills as those only dealing with certain enumerated matters. The use of the word “only” was brought up by Ghanshyam Singh Gupta during the Constituent Assembly Debates. He pointed out that the use of the word “only” limits the scope of money bills to only those legislations which did not deal with other matters. His amendment to delete the word “only” was rejected clearly establishing the intent of the framers of the Constitution to keep the ambit of money bills extremely narrow.</p>
<p>While the Aadhaar Bill does make references to benefits, subsidies and services funded by the Consolidated Fund of India (CFI), even a cursory reading of the bill reveals its main objectives as creating a right to obtain a unique identification number and providing for a statutory apparatus to regulate the entire process. The mere fact of establishing the Aadhaar number as the identification mechanism for benefits and subsidies funded by the CFI does not give it the character of a money bill. The bill merely speaks of facilitating access to unspecified subsidies and benefits rather than their creation and provision being the primary object of the legislation. Erskine May’s seminal textbook, ‘Parliamentary Practice” is instructive in this respect and makes it clear that a legislation which simply makes a charge on the Consolidated Fund does not becomes a money bill if otherwise its character is not that of one.</p>
<p>PDT Achary, former secretary general of the Lok Sabha, has expressed concern about the use of Money Bills as a means to circumvent the Rajya Sabha. He has written here <strong>[2]</strong> and here <strong>[3]</strong>, on what constitutes a money bill and how the attempts to pass off financial bills like the Aadhaar Bill as money bills could erode the supervisory role Rajya Sabha is supposed to play. This is especially true in the case of a legislation like the Aadhaar Bill which has far reaching implications for individual privacy as it governs the identification system conceptualised to provide a unique and lifelong identity to residents of India dealing with both the analog and digital machinery of the state and by virtue of Section 57 of any private entities. Already over 1 billion people have been enrolled under this identification scheme, and the project has been a subject of much debate and a petition before the Supreme Court. The project has been portrayed as both the last hope for a welfare state and surveillance infrastructure. Regardless of which of the two ends of spectrum one leans towards, it is undeniable that the law governing the Aadhaar project deserved a proper debate in the Parliament. Even those who are strong proponents of the project must accept the decision to pass it off as a money bill undermines the importance of democratic processes and is a travesty on the Constitution and a blatant abrogation of the constitutional duties of the speaker.</p>
<p>The petition by Jairam Ramesh would hinge largely on the powers of the judiciary to question the decision of the Speaker of the Lok Sabha. Article 110 (3) is very clear in pronouncing the authority of the Speaker as final and binding. Additionally, Article 122 prohibits the courts from questioning the validity of any proceedings in Parliament on the ground of any alleged irregularity of procedure. The powers of privilege that Parliamentarians enjoy are integral to the principle of separation of powers. However, the courts may be able to make a fine distinction between inquiring into procedural irregularity which is prohibited by the Constitution; and questioning an incorrect application of substantive principles, which I would argue, is the case with the Speaker decision.</p>
<h3>References</h3>
<p><strong>[1]</strong> See: <a href="http://thewire.in/2016/03/07/arun-jaitley-introduces-money-bill-on-aadhar-in-lok-sabha-24115/">http://thewire.in/2016/03/07/arun-jaitley-introduces-money-bill-on-aadhar-in-lok-sabha-24115/</a>.</p>
<p><strong>[2]</strong> See: <a href="http://indianexpress.com/article/opinion/columns/show-me-the-money-4/">http://indianexpress.com/article/opinion/columns/show-me-the-money-4/</a>.</p>
<p><strong>[3]</strong> See: <a href="http://www.thehindu.com/opinion/lead/circumventing-the-rajya-sabha/article7531467.ece">http://www.thehindu.com/opinion/lead/circumventing-the-rajya-sabha/article7531467.ece</a>.</p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/the-aadhaar-act-is-not-a-money-bill'>https://cis-india.org/internet-governance/blog/the-aadhaar-act-is-not-a-money-bill</a>
</p>
No publisherAmber SinhaUIDPrivacyInternet GovernanceDigital IndiaAadhaar2016-04-25T10:51:37ZBlog EntryCan the Matters Dealt with in the Aadhaar Act be the Objects of a Money Bill?
https://cis-india.org/internet-governance/blog/can-matters-dealt-with-in-aadhaar-act-be-objects-of-money-bill
<b>In this infographic, we highlight the matters dealt with in the Aadhaar Act 2016, recently tabled in and passed by the Lok Sabha as a money bill, and consider if these can be objects of a money bill. The infographic is designed by Pooja Saxena, based on information compiled by Sumandro Chattapadhyay and Amber Sinha. </b>
<p> </p>
<h4>Download the infographic: <a href="https://github.com/cis-india/website/raw/master/infographics/CIS_NotAMoneyBill_ObjectsOfMoneyBill.pdf">PDF</a> and <a href="https://github.com/cis-india/website/raw/master/infographics/CIS_NotAMoneyBill_ObjectsOfMoneyBill.jpg">JPG</a>.</h4>
<p> </p>
<p><strong>License:</strong> It is shared under Creative Commons <a href="https://creativecommons.org/licenses/by/4.0/">Attribution 4.0 International</a> License.</p>
<p> </p>
<img src="https://github.com/cis-india/website/raw/master/infographics/CIS_NotAMoneyBill_ObjectsOfMoneyBill.jpg" alt="Can the matters dealt with in the Aadhaar Act be the objects of a money bill?" />
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/can-matters-dealt-with-in-aadhaar-act-be-objects-of-money-bill'>https://cis-india.org/internet-governance/blog/can-matters-dealt-with-in-aadhaar-act-be-objects-of-money-bill</a>
</p>
No publisherPooja SaxenaUIDPrivacyInternet GovernanceDigital IndiaAadhaar2016-04-24T14:15:06ZBlog EntryCan the Aadhaar Act 2016 be Classified as a Money Bill?
https://cis-india.org/internet-governance/blog/can-the-aadhaar-act-2016-be-classified-as-a-money-bill
<b>In this infographic, we show if the Aadhaar Act 2016, recently tabled in and passed by the Lok Sabha as a money bill, can be classified as a money bill. The infographic is designed by Pooja Saxena, based on information compiled by Amber Sinha and Sumandro Chattapadhyay. </b>
<p> </p>
<h4>Download the infographic: <a href="https://github.com/cis-india/website/raw/master/infographics/CIS_NotAMoneyBill_DoesAadharSatisfy.pdf">PDF</a> and <a href="https://github.com/cis-india/website/raw/master/infographics/CIS_NotAMoneyBill_DoesAadharSatisfy.jpg">JPG</a>.</h4>
<p> </p>
<p><strong>License:</strong> It is shared under Creative Commons <a href="https://creativecommons.org/licenses/by/4.0/">Attribution 4.0 International</a> License.</p>
<p> </p>
<img src="https://github.com/cis-india/website/raw/master/infographics/CIS_NotAMoneyBill_DoesAadharSatisfy.jpg" alt="Does Aadhaar Act satisfy the conditions for a money bill?" />
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/can-the-aadhaar-act-2016-be-classified-as-a-money-bill'>https://cis-india.org/internet-governance/blog/can-the-aadhaar-act-2016-be-classified-as-a-money-bill</a>
</p>
No publisherPooja SaxenaUIDPrivacyInternet GovernanceDigital IndiaAadhaar2016-04-25T13:48:41ZBlog Entry"Will the Magic Number Deliver?" - Roundtable on Aadhaar at CSLG, JNU, April 26
https://cis-india.org/internet-governance/news/will-the-magic-number-deliver-aadhaar-cslg-26042016
<b>The Centre for the Study of Law and Governance (CSLG), Jawaharlal Nehru University (JNU), will organise a roundtable discussion on Tuesday, April 26, to discuss the Aadhaar project and Act. Along with Rajeev Chandrasekhar, Prasanna S, Apar Gupta, and Chirashree Dasgupta, Sumandro Chattapadhyay will be one of the discussants. It will take place in the CSLG Conference Room at 6 pm.</b>
<p> </p>
<h3>Discussion Note</h3>
<p>The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, was enacted by the Parliament on March 16. Thereafter it has been notified on March 26.</p>
<p>The Act empowers the UIDAI (Unique Identification Authority of India) to collect biometric and demographic information of residents to provide them with a unique number. This unique number is to be used for enumeration, identification and targeting of beneficiaries of government subsidies and services.</p>
<p>Since the creation of the UIDAI as an executive authority in 2009, this process of enumeration has been ongoing. Recently, it was announced that more than 100 crore residents have been given their aadhaar cards. Alongside, however, legal challenges have continued in the Supreme Court.</p>
<p>Given this context, this Roundatable Discussion will focus on the following set of questions (among others):</p>
<ul><li>
<p>Can the Aadhaar Number enable better delivery of government subsidies and services?</p>
</li>
<li>
<p>How does the Act ensure data protection?</p>
</li>
<li>
<p>Is there a right to privacy in India? What are the implications in the context of Aadhaar?</p>
</li>
<li>
<p>Does the Act ensure public access to statutory remedies in case of violations?</p>
</li>
<li>
<p>Did the Aadhaar Bill fulfil the requirements of a money bill?</p>
</li></ul>
<p> </p>
<h3>Discussion Format</h3>
<p>Setting the Theme - Short Introduction to the Topic by Natasha Goyal</p>
<p>Speakers' comments, 15 minutes each, consecutive, no power points</p>
<ul><li>
<p><a href="https://twitter.com/rajeev_mp">Rajeev Chandrasekhar</a>, Member of Parliament, Rajya Sabha</p>
</li>
<li>
<p><a href="https://twitter.com/ajantriks">Sumandro Chattapadhyay</a>, the Centre for Internet and Society</p>
</li>
<li>
<p><a href="https://twitter.com/prasanna_s">Prasanna S</a>, Lawyer</p>
</li>
<li>
<p><a href="https://twitter.com/aparatbar">Apar Gupta</a>, Advocate, Delhi High Court</p>
</li>
<li>
<p><a href="http://www.jnu.ac.in/FacultyStaff/ShowProfile.asp?SendUserName=chirashree">Dr. Chirashree Dasgupta</a>, Centre for the Study of Law and Governance</p>
</li></ul>
<p>Open Session (Moderated Q and A)</p>
<p>Followed by Tea</p>
<h3>Directions to Venue</h3>
<p>From JNU main gate, proceed straight until you get to a T-junction. Turn left. Continue until you reach a second T-junction. Turn right. Follow the road for just 0.7 km until you see a bus stop labelled “Paschimmabad.” About 50 m past the bus stop turn right at a sign that reads: “Centre for the Study of Law and Governance”. The CSLG building is on the right. The conference room is on the first floor.</p>
<h3>Poster</h3>
<img src="http://cis-india.org/internet-governance/news/will-the-magic-number-deliver-aadhaar-cslg-26042016/leadImage" alt="CSLG Roundtable Discussion - Will the Magic Number Deliver? - April 26, 6 pm" />
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/news/will-the-magic-number-deliver-aadhaar-cslg-26042016'>https://cis-india.org/internet-governance/news/will-the-magic-number-deliver-aadhaar-cslg-26042016</a>
</p>
No publishersumandroUIDPrivacyDigital IndiaAadhaarBiometrics2016-04-20T10:49:58ZEventThe Last Chance for a Welfare State Doesn’t Rest in the Aadhaar System
https://cis-india.org/internet-governance/blog/the-last-chance-for-a-welfare-state-doesnt-rest-in-the-aadhaar-system
<b>Boosting welfare is the message, which is how Aadhaar is being presented in India. The Aadhaar system as a medium, however, is one that enables tracking, surveillance, and data monetisation. This piece by Sumandro Chattapadhyay was published in The Wire on April 19, 2016.</b>
<p> </p>
<p><em>Originally published in and cross-posted from <a href="http://thewire.in/2016/04/19/the-last-chance-for-a-welfare-state-doesnt-rest-in-the-aadhaar-system-30256/">The Wire</a>.</em></p>
<hr />
<p>Once upon a time, a king desired that his parrot should be taught all the ancient knowledge of the kingdom. The priests started feeding the pages of the great books to the parrot with much enthusiasm. One day, the king asked the priests if the parrot’s education has completed. The priests poked the belly of the parrot but it made no sound. Only the rustle of undigested pages inside the belly could be heard. The priests declared that the parrot is indeed a learned one now.</p>
<p>The fate of the welfare system in our country is quite similar to this parrot from Tagore’s parable. It has been forcefully fed identification cards and other official documents (often four copies of the same) for years, and always with the same justification of making it more effective and fixing the leaks. These identification regimes are in effect killing off the welfare system. And some may say that that has been the actual plan in any case.</p>
<p>The Aadhaar number has been recently offered as <a href="http://indianexpress.com/article/opinion/columns/aadhaar-project-uidai-last-chance-for-a-welfare-state/">the ‘last chance’ for the ailing welfare system</a> – a last identification regime that it needs to gulp down to survive. This argument wilfully overlooks the acute problems with the Aadhaar project.</p>
<p>Firstly, the ‘last chance’ for a welfare state in India is not provided by implementing a new and improved identification regime (Aadhaar numbers or otherwise), but by enabling citizens to effectively track, monitor, and ensure delivery of welfare, services, and benefits. This ‘opening up’ of the welfare bureaucracy has been most effectively initiated by the Right to Information Act. Instead of a centralised biometrics-linked identity verification platform, which gives the privilege of tracking and monitoring welfare flows only to a few expert groups, an effective welfare state requires the devolution of such privilege and responsibility.</p>
<p>We should harness the tracking capabilities of electronic financial systems to disclose how money belonging to the Consolidated Fund of India travel around state agencies and departmental levels. Instead, the Aadhaar system effectively stacks up a range of entry barriers to accessing welfare – from malfunctioning biometric scanners, to connectivity problems, to the burden of keeping one’s fingerprint digitally legible under all labouring and algorithmic circumstances.</p>
<p>Secondly, authentication of welfare recipients by Aadhaar number neither make the welfare delivery process free of techno-bureaucratic hurdles, nor does it exorcise away corruption. Anumeha Yadav has recently documented the emerging <a href="http://scroll.in/article/805909/in-rajasthan-there-is-unrest-at-the-ration-shop-because-of-error-ridden-aadhaar">‘unrest at the ration shop’ across Rajasthan</a>, as authentication processes face technical and connectivity delays, people get ‘locked out’ of public services for not having or having Aadhaar number with incorrect demographic details, and no mechanisms exist to provide rapid and definitive recourse.</p>
<p>RTI activists at the <a href="http://www.snsindia.org/">Satark Nagrik Sangathan</a> have highlighted that the Delhi ration shops, using Aadhaar-based authentication, maintain only two columns of data to describe people who have come to the shop – those who received their ration, and those who did not (without any indication of the reason). This leads to erasure-by-design of evidence of the number of welfare-seekers who are excluded from welfare services when the Aadhaar-based authentication process fails (for valid reasons, or otherwise).</p>
<p>Reetika Khera has made it very clear that using Aadhaar Payments Bridge to directly transfer cash to a beneficiary’s account, in the best case scenario, <a href="http://www.epw.in/journal/2013/05/commentary/cost-benefit-analysis-uid.html">may only take care of one form of corruption</a>: deception (a different person claiming to be the beneficiary). But it does not address the other two common forms of public corruption: collusion (government officials approving undue benefits and creating false beneficiaries) and extortion (forceful rent seeking after the cash has been transferred to the beneficiary’s account). Evidently, going after only deception does not make much sense in an environment where collusion and extortion are commonplace.</p>
<p>Thirdly, the ‘relevant privacy question’ for Aadhaar is not limited to how UIDAI protects the data collected by it, but expands to usage of Aadhaar numbers across the public and private sectors. The privacy problem created by the Aadhaar numbers does begin but surely not end with internal data management procedures and responsibilities of the UIDAI.</p>
<p>On one hand, the Aadhaar Bill 2016 has reduced the personal data sharing restrictions of the NIAI Bill 2010, and <a href="http://scroll.in/article/806297/no-longer-a-black-box-why-does-the-revised-aadhar-bill-allow-sharing-of-identity-information">has allowed for sharing of all data except core biometrics (fingerprints and iris scan)</a> with all agencies involved in authentication of a person through her/his Aadhaar number. These agencies have been asked to seek consent from the person who is being authenticated, and to inform her/him of the ways in which the provided data (by the person, and by UIDAI) will be used by the agency. In careful wording, the Bill only asks the agencies to inform the person about “alternatives to submission of identity information to the requesting entity” (Section 8.3) but not to provide any such alternatives. This facilitates and legalises a much wider collection of personal demographic data for offering of services by public agencies “or any body corporate or person” (Section 57), which is way beyond the scope of data management practices of UIDAI.</p>
<p>On the other hand, the Aadhaar number is being seeded to all government databases – from lists of HIV patients, of rural citizens being offered 100 days of work, of students getting scholarships meant for specific social groups, of people with a bank account. Now in some sectors, such as banking, inter-agency sharing of data about clients is strictly regulated. But we increasingly have non-financial agencies playing crucial roles in the financial sector – from mobile wallets to peer-to-peer transaction to innovative credit ratings. Seeding of Aadhaar into all government and private databases would allow for easy and direct joining up of these databases by anyone who has access to them, and not at all by security agencies only.</p>
<p>When it becomes publicly acceptable that <a href="http://indianexpress.com/article/opinion/columns/aadhaar-project-uidai-last-chance-for-a-welfare-state/">the <em>money bill route</em> was a ‘remedial’ instrument to put the Rajya Sabha ‘back on track’</a>, one cannot not wonder about what was being remedied by avoiding a public debate about the draft bill before it was presented in Lok Sabha. The answer is simple: <em>welfare is the message, surveillance is the medium</em>.</p>
<p>Acceptance and adoption of all medium requires a message, a content. The users are interested in the message. The message, however, is not the business. Think of Free Basics. Facebook wants people with none or limited access to internet to enjoy parts of the internet at zero data cost. Facebook does not provide the content that the users consume on such internet. The content is created by the users themselves, and also provided by other companies. Facebook own and control the medium, and makes money out of all content, including interactions, passing through it.</p>
<p>The UIDAI has set up a biometric data bank and related infrastructure to offer authentication-as-a-service. As the Bill clarifies, almost all agencies (public or private, national or global) can use this service to verify the identity of Indian residents. Unlike Facebook, the content of these services do not flow through the Aadhaar system. Nonetheless, Aadhaar keeps track of all ‘authentication records’, that is records of whose identity was authenticated by whom, when, and where. This database is gold (data) mine for security agencies in India, and elsewhere. Further, as more agencies use authentication based on Aadhaar numbers, it becomes easier for them to combine and compare databases with other agencies doing the same, by linking each line of transaction across databases using Aadhaar numbers.</p>
<p>Welfare is the message that the Aadhaar system is riding on. The message is only useful for the medium as far as it ensures that the majority of the user population are subscribing to it. Once the users are enrolled, or on-boarded, the medium enables flow of all kinds of messages, and tracking and monetisation (perhaps not so much in the case of UIDAI) of all those flows. It does not matter if the Aadhaar system is being introduced to remedy the broken parliamentary process, or the broken welfare distribution system. What matters is that the UIDAI is establishing the infrastructure for a universal surveillance system in India, and without a formal acknowledgement and legal framework for the same.</p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/the-last-chance-for-a-welfare-state-doesnt-rest-in-the-aadhaar-system'>https://cis-india.org/internet-governance/blog/the-last-chance-for-a-welfare-state-doesnt-rest-in-the-aadhaar-system</a>
</p>
No publishersumandroUIDData SystemsPrivacyInternet GovernanceDigital IndiaAadhaarBiometrics2016-04-19T13:18:42ZBlog EntryAadhaar Act and its Non-compliance with Data Protection Law in India
https://cis-india.org/internet-governance/blog/aadhaar-act-and-its-non-compliance-with-data-protection-law-in-india
<b>This post compares the provisions of the Aadhaar Act, 2016, with India's data protection regime as articulated in the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.</b>
<p> </p>
<h4>Download the file: <a href="https://cis-india.org/internet-governance/blog/aadhaar-act-43a-it-rules" class="internal-link">PDF</a>.</h4>
<hr />
<p style="text-align: justify;">Amidst all the hue and cry, the Aadhaar Act 2016, which was introduced with the aim of providing statutory backing to the use of Aadhaar, was passed in the Lok Sabha in its original form on March 16, 2016, after rejecting the recommendations made by Rajya Sabha <a name="_ftnref1"></a> . Though the Act has been vehemently opposed on several grounds, one of the concerns that has been voiced is regarding privacy and protection of the demographic and biometric information collected for the purpose of issuing the Aadhaar number.</p>
<p style="text-align: justify;">In India, for the purpose of data protection, a body corporate is subject to section 43A of the Information Technology Act, 2000 ("<strong>IT Act</strong> ") and subsequent Rules, i.e. -The Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 ("<strong>IT Rules</strong>"). Section 43A of the IT Act, 2000 <a name="_ftnref2"></a> holds a body corporate, which is possessing, dealing or handling any sensitive personal data or information, and is negligent in implementing and maintaining reasonable security practices resulting in wrongful loss or wrongful gain to any person, liable to compensate the affected person and pay damages.</p>
<p style="text-align: justify;">Rule 3 of the IT Rules enlists personal information that would amount to Sensitive personal data or information of a person and includes the biometric information. Even the Aadhaar Act states under section 30 that the biometric information collected shall be deemed as "sensitive personal data or information", which shall have the same meaning as assigned to it in clause (iii) of the Explanation to section 43A of the IT Act; this reflects that biometric data collected in the Aadhaar scheme will receive the same level of protection as is provided to other sensitive personal data under Indian law. This implies that, the agencies contracted by the UIDAI (and not the UIDAI itself) to perform functions like collection, authentication, etc. like the Registrars, Enrolling Agencies and Requesting Entities, which meet the criteria of being a 'body corporate' as defined in section 43A, <a name="_ftnref3"></a> could be held responsible under this provision, as well as the Rules, to ensure security of the data and information of Aadhaar holder and could potentially be held liable for breach of information that results in loss to an individual if it can be proven that they failed to implement reasonable security practices and procedures.</p>
<p style="text-align: justify;">In light of the fact that some actors in the Aadhaar scheme could be held accountable and liable under section 43A and associated Rules, this article compares the regulations regarding data security as found in section 43A and IT Rules 2011 with the provisions of Aadhaar Act 2016, and discusses the implications of the differences, if any.</p>
<h3>1. Compensation and Penalty</h3>
<p style="text-align: justify;"><strong>Section 43A:</strong> Section 43A of the IT Act, 2000 (Amended in 2008) provides for compensation for failure to protect data. It states that a body corporate, which is possessing, dealing or handling any sensitive personal data or information, and is negligent in implementing and maintaining reasonable security practices resulting in wrongful loss or wrongful gain to any person, is liable to compensate the affected person and pay damages not exceeding five crore rupees.</p>
<p style="text-align: justify;"><strong>Aadhaar</strong> <strong>Act :</strong> Chapter VII of the Act provides for offences and penalties, but does not talk about damages to the affected party.</p>
<ul style="text-align: justify;">
<li>Section 37 states that intentional disclosure or dissemination of identity information, to any person not authorised under the Aadhaar Act, or in violation of any agreement entered into under the Act, will be punishable with imprisonment up to three years or a fine up to ten thousand rupees (in case of an individual), and fine up to one lakh rupees (in case of a company). </li>
<li>Section 38 prescribes penalty with imprisonment up to three years and a fine not less than ten lakh rupees in case any of the acts listed under the provision are performed without authorisation from the UIDAI. </li>
<li>Section 39 prescribes penalty with imprisonment for a term which may extend to three years and fine which may extend to ten thousand rupees for tampering with data in Central Identities Data Repository. </li>
<li>Section 40 holds a requesting entity liable for penalty for use of identity information in violation of Section 8 (3) with imprisonment up to three years and/or a fine up to ten thousand rupees (in case of an individual), and fine up to one lakh rupees (in case of a company). </li>
<li>Section 41 holds a requesting entity or enrolling agency liable for penalty for violation of Section 8 (3) or Section 3 (2) with imprisonment up to one year and/or a fine up to ten thousand rupees (in case of an individual), and fine up to one lakh rupees (in case of a company). </li>
<li>Section 42 provides general penalty for any offence against the Act or regulations made under it, for which no specific penalty is provided, with imprisonment up to one year and/or a fine up to twenty five thousand rupees (in case of an individual), and fine up to one lakh rupees (in case of a company). </li></ul>
<p style="text-align: justify;">Though the Aadhaar Act prescribes penalty in case of unauthorised access, use or any other act contravening the Regulations, it fails to guarantee protection to the information and does not provide for compensation in case of violation of the provisions.</p>
<h3>2. Privacy Policy</h3>
<p style="text-align: justify;"><strong>IT Rules:</strong> Rule 4 requires a body corporate to provide a privacy policy on their website, which is easily accessible, provides for the type and purpose of personal, sensitive personal information collected and used, and Reasonable security practices and procedures.</p>
<p style="text-align: justify;"><strong>Aadhaar Act:</strong> Though in practise the contracting agencies (the body corporates under the Aadhaar ecosystem) may maintain a privacy policy on their website, the Aadhaar Act does not require a privacy policy for the UIDAI or other actors.</p>
<p style="text-align: justify;"><strong>Implications:</strong> Because contracting agencies will be covered by the IT Rules if they are 'body corporates', the requirement to maintain a privacy policy will be applicable to them.</p>
<h3>3. Consent</h3>
<p style="text-align: justify;"><strong>IT Rules:</strong> Rule 5 requires that prior to the collection of sensitive personal data, the body corporate must obtain consent, either in writing or through fax regarding the purpose of usage before collection of such information.</p>
<p style="text-align: justify;"><strong>Aadhaar Act: </strong> The Act is silent regarding consent being acquired in case of the enrolling agency or registrars. However, section 8 provides that any requesting entity will take consent from the individual before collecting his/her Aadhaar information for authentication purposes, though it does not specify the nature (written/through fax).</p>
<p style="text-align: justify;"><strong>Implications:</strong> If the enrolling agency is a body corporate, they will also be required to take consent prior to collecting and processing biometrics. It is possible that since the Aadhaar Act envisages a scheme which is quasi-compulsory in nature, a consent provision was deliberately left out. This circumstance would give the enrolling agencies an argument against taking consent, by saying that the Aadhaar Act is a specific legislation which is also later in point of time than the IT Rules, and a deliberate omission of consent coupled with the compulsory nature of the Aadhaar scheme would mean that they are not required to take consent of the individuals before enrolment.</p>
<h3>4. Collection Limitation</h3>
<p style="text-align: justify;"><strong>IT Rules: </strong> Rule 5 (2) requires that a body corporate should only collect sensitive personal data if it is connected to a lawful purpose and is considered necessary for that purpose.</p>
<p style="text-align: justify;"><strong>Aadhaar Act:</strong> Section 3(1) of the Act states that every resident shall be entitled to obtain an aadhaar number by submitting his demographic information and biometric information by undergoing the process of enrolment.</p>
<h3>5. Notice</h3>
<p style="text-align: justify;"><strong>IT Rules: </strong> Rule 5(3) requires that while collecting information directly from an individual, the body corporate must provide the following information:</p>
<ul style="text-align: justify;">
<li>The fact that information is being collected</li>
<li>The purpose for which the information is being collected</li>
<li>The intended recipients of the information</li>
<li>The name and address of the agency that is collecting the information</li>
<li>The name and address of the agency that will retain the information</li></ul>
<p style="text-align: justify;"><strong>Aadhaar Act:</strong> Section 3 of the Act states that at the time of enrolment and collection of information, the enrolling agency shall notify the individual as to how their information will be used; what type of entities the information will be shared with; and that they have a right to see their information and also tell them how they can see their information. However, the Act is silent regarding notice of name and address of the agency collecting and retaining the information.</p>
<h3>6. Retention Limitation</h3>
<p style="text-align: justify;"><strong>IT Rules:</strong> Rule 5(4) requires that body corporate must retain sensitive personal data only for as long as it takes to fulfil the stated purpose or otherwise required under law.</p>
<p style="text-align: justify;"><strong>Aadhaar Act:</strong> The Act is silent regarding this and does not mention the duration for which the personal information of an individual shall be retained by the bodies/organisations contracted by UIDAI.</p>
<h3>7. Purpose Limitation</h3>
<p style="text-align: justify;"><strong>IT Rules:</strong> Rule 5(5) requires that information must be used for the purpose that it was collected for.</p>
<p style="text-align: justify;"><strong>Aadhaar Act<a name="move447203643"></a></strong> Section 57 contravenes this and states that the Act will not prevent use of Aadhaar number for other purposes under law by the State or other bodies. Section 8 of the Act states that for the purpose of authentication, a requesting entity is required to take consent before collection of Aadhaar information and use it only for authentication with the CIDR. Section 29 of the Act states that the core biometric information collected will not be shared with anyone for any reason, and must not be used for any purpose other than generation of Aadhaar numbers and authentication. Also, the Identity information available with a requesting entity will not be used for any purpose other than what is specified to the individual, nor will it be shared further without the individual's consent.</p>
<p style="text-align: justify;"><a name="move4472036436"></a> Act will not prevent use of Aadhaar number for other purposes under law by the State or other bodies.</p>
<h3>8. Right to Access and Correct</h3>
<p style="text-align: justify;"><strong>IT Rules :</strong> Rule 5(6) requires a body corporate to provide individuals with the ability to review the information they have provided and access and correct their personal or sensitive personal information.</p>
<p style="text-align: justify;"><strong>Aadhaar Act :</strong> The Act provides under section 3 that at the time of enrolment, the individual needs to be informed about the existence of a right to access information, the procedure for making requests for such access, and details of the person or department in-charge to whom such requests can be made. Section 28 of the Act provides that every aadhaar number holder may access his identity information except core biometric information. Section 32 provides that every Aadhaar number holder may obtain his authentication record. Also, if the demographic or biometric information about any Aadhaar number holder changes, is lost or is found to be incorrect, they may request the UIDAI to make changes to their record in the CIDR.</p>
<h3>9. Right to 'Opt Out' and Withdraw Consent</h3>
<p style="text-align: justify;"><strong>IT Rules:</strong> Rule 5(7) requires that the individual must be provided with the option of 'opting out' of providing data or information sought by the body corporate. Also, they must have the right to withdraw consent at any point of time.</p>
<p style="text-align: justify;"><strong>Aadhaar Act:</strong> The Aadhaar Act does not provide an opt- out provision and also does not provide an option to withdraw consent at any point of time. Section 7 of the Aadhaar Act actually implies that once the Central or State government makes aadhaar authentication mandatory for receiving a benefit then the individual has no other option but to apply for an Aadhaar number. The only concession that is made is that if an Aadhaar number is not assigned to an individual then s/he would be offered some alternative viable means of identification for receiving the benefit.</p>
<h3>10. Grievance Officer</h3>
<p style="text-align: justify;"><strong>IT Rules:</strong> Rule 5(9) requires that body corporate must designate a grievance officer for redressal of grievances, details of which must be posted on the body corporate's website and grievances must be addressed within a month of receipt.</p>
<p style="text-align: justify;"><strong>Aadhaar Act</strong>: The Aadhaar Act does not provide for any such mechanism for grievance redressal by the registrars, enrolling agencies or the requesting entities. However, since the contracting agencies will also get covered by the IT Rules if they are 'body corporates', the requirement to designate a grievance officer would be applicable to them as well due to the IT Rules.</p>
<h3>11. Disclosure with Consent, Prohibition on Publishing and Further Disclosure</h3>
<p style="text-align: justify;"><strong>IT Rules:</strong> Rule 6 requires that body corporate must have consent before disclosing sensitive personal data to any third person or party, except in the case with Government agencies for the purpose of verification of identity, prevention, detection, investigation, on receipt of a written request. Also, the body corporate or any person on its behalf shall not publish the sensitive personal information and the third party receiving the sensitive personal information from body corporate or any person on its behalf shall not disclose it further.</p>
<p style="text-align: justify;"><strong>Aadhaar Act:</strong> Regarding the requesting entities, the Act provides that they shall not disclose the identity information except with the prior consent of the individual to whom the information relates. The Act also states that the Authority shall take necessary measures to ensure confidentiality of information against disclosures. However, as an exception under section 33, the UIDAI may reveal identity information, authentication records or any information in the CIDR following a court order by a District Judge or higher. The Act also allows disclosure made in the interest of national security following directions by a Joint Secretary to the Government of India, or an officer of a higher rank, authorised for this purpose. The Act is silent on the issue of obtaining consent of the individual under these exceptions. Additionally, the Act also states that the Aadhaar number or any core biometric information collected or created regarding an individual under the Act shall not be published, displayed or posted publicly, except for the purposes specified by regulations.</p>
<h3>12. Requirements for Transfer of Sensitive Personal Data</h3>
<p style="text-align: justify;"><strong>IT Rules :</strong> Rule 7 requires that body corporate may transfer sensitive personal data into another jurisdiction only if the country ensures the same level of protection and may be allowed only if it is necessary for the performance of the lawful contract between the body corporate or any person on its behalf and provider of information or where such person has consented to data transfer.</p>
<p style="text-align: justify;"><strong>Aadhaar Act :</strong> The Act is silent regarding transfer of personal data into another jurisdiction by the any of the contracting bodies like the Registrar, Enrolling agencies or the requesting entities. However, if these agencies satisfy the requirement of being "body corporates" as defined under section 43A, then the above requirement regarding transfer of data to another jurisdiction under IT Rules would be applicable to them. However, considering the sensitive nature of the data involved, the lack of a prohibition of transferring data to another jurisdiction under the Aadhaar Act appears to be a serious lacuna.</p>
<h3>13. Security of Information</h3>
<p style="text-align: justify;"><strong>IT Rules:</strong> Rule 8 requires that the body corporate must secure information in accordance with the ISO 27001 standard or any other best practices notified by Central Government. These practices must be audited annually or when the body corporate undertakes a significant up gradation of its process and computer resource.</p>
<p style="text-align: justify;"><strong>Aadhaar Act:</strong> Section 28 of the Act states that the UIDAI must ensure the security and confidentiality of identity information and authentication records. It also states that the Authority shall adopt and implement appropriate technical and organisational security measures, and ensure the same are imposed through agreements/arrangements with its agents, consultants, advisors or other persons. However, it does not mention which standards/measures have to be adopted by all the actors in Aadhaar ecosystem for ensuring the security of information, though it can be argued that if the contractors employed by the UIDAI are body corporate then the standards prescribed under the IT Rules would be applicable to them.</p>
<h3>Implications of the Differences for Body Corporates in Aadhaar Ecosystem</h3>
<p style="text-align: justify;">An analysis of the Rules in comparison to the data protection measures under the Aadhaar Act shows that the requirements regarding protection of personal or sensitive personal information differ and are not completely in line with each other. <a name="move446519928"></a></p>
<p style="text-align: justify;">Though the Aadhaar Act takes into account the provisions regarding consent of the individual, notice, restriction on sharing, etc., the Act is silent regarding many core measures like sharing of information across jurisdictions, taking consent before collection of information, adoption of security measures for protection of information, etc. which a body corporate in the Aadhaar ecosystem must adopt to be in compliance with section 43A of the IT Act. It is therefore important that the bodies collecting, handling, sharing the personal information and are governed by the Aadhaar Act, must adhere to section 43A and the IT Rules 2011. However, applicability of Aadhaar Act as well as section 43A and IT Rules 2011 would lead to ambiguity regarding interpretation and implementation of the Law. The differences must be duly taken into account and more clarity is required to make all the bodies under this Legislation like the enrolling agencies, Registrars and the Requesting Entities accountable under the correct provisions of Law. However, having two separate legislations governing the data protection standards in the Aadhaar scheme seems to have been overlooked. A harmonized and overarching privacy legislation is critical to avoid unclarity in the applicability of data protection standards and would also address many privacy concerns associated to the scheme.</p>
<h3>Appendix I</h3>
<p style="text-align: justify;">The Rajya Sabha had proposed five amendments to the Aadhaar Act 2016, which are as follows:</p>
<p style="text-align: justify;"><strong>i. Opt-out clause:</strong> A provision to allow a person to "opt out" of the Aadhaar system, even if already enrolled.</p>
<p style="text-align: justify;"><strong>ii. Voluntary:</strong> To ensure that if a person chooses not to be part of the Aadhaar system, he/she would be provided "alternate and viable" means of identification for purposes of delivery of government subsidy, benefit or service.</p>
<p style="text-align: justify;"><strong>iii.</strong> Amendment restricting the use of Aadhaar numbers only for targeting of government benefits or service and not for any other purpose.</p>
<p style="text-align: justify;"><strong>iv.</strong> Amendment seeking change of the term "national security" to "public emergency or in the interest of public safety" in the provision specifying situations in which disclosure of identity information of an individual to certain law enforcement agencies can be allowed.</p>
<p style="text-align: justify;"><strong>v. Oversight Committee:</strong> The oversight committee , which would oversee the possible disclosure of information, should include either the Central Vigilance Commissioner or the Comptroller and Auditor-General.</p>
<p><strong>Sources:</strong></p>
<ul>
<li> <a href="http://indianexpress.com/article/india/india-news-india/rajya-sabha-returns-aadhar-bill-to-lok-sabha-with-oppn-amendments/"> http://indianexpress.com/article/india/india-news-india/rajya-sabha-returns-aadhar-act-to-lok-sabha-with-oppn-amendments/ </a> </li>
<li> <a href="http://thewire.in/2016/03/16/three-rajya-sabha-amendments-that-will-shape-the-aadhaar-debate-24993/"> http://thewire.in/2016/03/16/three-rajya-sabha-amendments-that-will-shape-the-aadhaar-debate-24993/</a><br /><br /></li></ul>
<h3>Appendix II - Section 43A: Compensation for Failure to Protect Data</h3>
<p style="text-align: justify;">Where a body corporate, possessing, dealing or handling any sensitive personal data or information in a computer resource which it owns, controls or operates, is negligent in implementing and maintaining reasonable security practices and procedures and thereby causes wrongful loss or wrongful gain to any person, such body corporate shall be liable to pay damages by way of compensation to the person so affected.</p>
<p style="text-align: justify;">For the purposes of this section:</p>
<ul>
<li>"body corporate" means any company and includes a firm, sole proprietorship or other association of individuals engaged in commercial or professional activities;</li>
<li>"reasonable security practices and procedures" means security practices and procedures designed to protect such information from unauthorised access, damage, use, modification, disclosure or impairment, as may be specified in an agreement between the parties or as may be specified in any law for the time being in force and in the absence of such agreement or any law, such reasonable security practices and procedures, as may be prescribed by the Central Government in consultation with such professional bodies or associations as it may deem fit;</li>
<li>"sensitive personal data or information" means such personal information as may be prescribed by the Central Government in consultation with such professional bodies or associations as it may deem fit.'.<br /><br /></li></ul>
<p style="text-align: justify;">The term 'body corporate' has been defined under section 43A as "any company and includes a firm, sole proprietorship or other association of individuals <em>engaged in commercial or professional activities</em>"</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/aadhaar-act-and-its-non-compliance-with-data-protection-law-in-india'>https://cis-india.org/internet-governance/blog/aadhaar-act-and-its-non-compliance-with-data-protection-law-in-india</a>
</p>
No publishervanyaUIDPrivacyInternet GovernanceDigital IndiaAadhaarBiometrics2016-04-18T11:43:02ZBlog EntryFAQ on the Aadhaar Project and the Bill
https://cis-india.org/internet-governance/blog/aadhaar-project-and-bill-faq
<b>This FAQ attempts to address the key questions regarding the Aadhaar/UIDAI project and the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Bill, 2016 (henceforth, Bill). This is neither a comprehensive list of questions, nor does it contain fully developed answers. We will continue to add questions to this list, and edit/expand the answers, based on our ongoing research. We will be grateful to receive your comments, criticisms, evidences, edits, suggestions for new answers, and any other responses. These can either be shared as comments in the document hosted on Google Drive, or via tweets sent to the information policy team at @CIS_InfoPolicy. </b>
<p> </p>
<h4>To comment on and/or download the file, click <a href="https://docs.google.com/document/d/1ib5bQUgZZ7PABurMHlzmfwZK6932DFQI6hUlad-vwfI/edit?usp=sharing" target="_blank">here</a>.</h4>
<hr />
<iframe src="https://docs.google.com/document/d/1ib5bQUgZZ7PABurMHlzmfwZK6932DFQI6hUlad-vwfI/pub?embedded=true" height="500" width="100%"></iframe>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/aadhaar-project-and-bill-faq'>https://cis-india.org/internet-governance/blog/aadhaar-project-and-bill-faq</a>
</p>
No publisherElonnai Hickok, Vanya Rakesh, and Vipul KharbandaUIDPrivacyInternet GovernanceFeaturedDigital IndiaAadhaarBiometricsHomepage2016-04-13T14:06:43ZBlog EntryConsultation on 'National Geospatial Policy' - Notes and Submission
https://cis-india.org/openness/consultation-on-national-geospatial-policy-03022016
<b>The Department of Science and Technology, Government of India, has constituted a National Expert Committee for developing a draft National Geospatial Policy (NGP) to provide appropriate guidelines for collection, analysis, use, and distribution of geospatial information across India, and to assure data availability, accessibility and quality. A pre-drafting consultation meeting for the NGP was organised in Delhi on February 03, 2016. Ms. Anubha Sinha represented CIS at the meeting, and shares her notes.</b>
<p> </p>
<h3>National Geospatial Policy - Pre-Drafting Consultation Meeting</h3>
<p>Keeping in mind the importance of geospatial data in the context of national development, the Department of Science and Technology, Government of India, has constituted a National Expert Committee for developing a draft National Geospatial Policy (NGP). The Committee is Chaired by Major General Dr. R Siva Kumar, former Head of Natural Resources Data Management System (NRDMS) and CEO of National Spatial Data Infrastructure (NSDI), and Dr. Bhoop Singh, Head of NRDMS and NSDI Division at Department of Science and Technology, as Member Secretary. The Policy aims at providing appropriate guidelines for collection, analysis, use, and distribution of geospatial information across India, and to assure data availability, accessibility and quality.</p>
<p>A pre-drafting consultation meeting for the NGP was organised in Delhi by Dr. Valli Manickam, Professor at the Academic Staff College of India, on February 03, 2016, and CIS was invited to take part in it as the only participant from the civil society. The other participants included representatives from the geospatial industry and industry associations (like FICCI and CII), and Ms. Ranjana Kaul, Partner at Dua Associates. Among the drafting committee members, Major General Dr. R Siva Kumar, Dr. Bhoop Singh, Dr. Sandeep Tripathi (IFS), and Wing Commander Satyam Kushwaha were present.</p>
<p> </p>
<h3>National Geospatial Policy - Concept Note</h3>
<p>The purpose of the meeting was to hear the stakeholders' response to a Concept Note on the NGP, circulated prior to the meeting <strong>[1]</strong>. The Note sets out the principles and concerns of the proposed policy, which plans to guarantee geospatial data availability, accessibility, quality and in consonance with the imperatives of national security and intellectual property rights. The applicability of the policy is aimed at:</p>
<blockquote>all geospatial data created, generated and collected using public funds provided by Central and State Governments and International donor organizations, directly or through authorized agencies.</blockquote>
<p>The note suggests establishment of an "empowered body" to ensure proper creation, updates, management, dissemination, and sharing of the data, and management of an online portal for the same. The institutional mechanism to implement the policy will be composed of an Appellate authority / National High Power Implementation Committee, the NGP Implementation Committee, and the NGP Steering Committee.</p>
<p> </p>
<h3>Notes from the Meeting</h3>
<p>The Welcome Address was delivered by Dr. Bhoop Singh (Head of NRDMS and NSDI Division, DST) who informed the participants that the Expert Committee had already met National Security Council and heard their concerns on the policy. The principles on which the proposed policy is to be based were also shared. The policy resulted from an exercise started two years ago to fix quality and accuracy of geospatial data, which was when it was realised that there were significant gaps that need urgent redressal. It was also identified that in previous initiatives to manage geospatial data at the national level, some data-generating organisations had been left behind. The chief concerns for the Expert Committee are 1) tailoring a policy suited to India's unique security issues, 2) avoiding a blanket open policy that may lead to misuse of low resolution data, 3) heeding restrictions on mapping, considering that 43% of landmass was not represented on maps presently (a probable solution was to do feature based mapping), and 4) clarifying government regulation of drone-based mapping. Security concerns were raised frequently throughout the meeting. The Committee also recognised that for development, data sharing should be made more open. The Committee was keen to have the private industry as a partner in generation of geospatial data.</p>
<p>Private industry representatives agreed with the objectives of the policy and were willing to contribute to geospatial data generation. The Expert Committee mulled over the possibility of creating a Public Private Partnership to cater to data generation. The private industry complained about the lack of efforts in popularising geospatial technologies and making the process of tenders more transparent.</p>
<p>There were suggestions to examine the policies of other jurisdictions facing similar internal security threats as India, and delineating the types of data that could be openly shared (for instance, geospatial data from border regions versus non-border regions). Segregation of restricted and open geospatial data can also be done on the basis of its end-application, such as for military and engineering purposes. Participants also requested the creation of a clear Do's and Don'ts guideline. CIS presented a written submission that raised seven key concerns. These are listed in the section below.</p>
<p>On the question of making an open data policy, it was suggested that the committee needs to decide the fundamental approach of the policy first - whether the policy should be based on prohibition and restriction, or focus on identifying and regulating open and free geospatial. The UN General Assembly document on Principles relating to remote sensing of the Earth from space provides an appropriate international point of reference <strong>[2]</strong>.</p>
<p>After listening to the concerns and comments of the stakeholders, the core committee made the following concluding remarks:</p>
<ul><li>Existing policies of government and defence should be mapped out to avoid conflict or overlap with the proposed NGP policy</li>
<li>The sharing of data vests with government agencies and other organisations recommended by them – there needs to be a transparent mechanism for such recommendation based sharing</li>
<li>Industry should come up with self-regulatory mechanisms, do's and don'ts, and code of conduct</li>
<li>Develop a secure mechanism for providing data on sensitive areas (in terms of national security;</li>
<li>Even the defence agencies sometimes cannot access maps due to policies of the National Remote Sensing Centre and other agencies – such inconsistencies need to be fixed</li></ul>
<p>It was announced that the next consultation will occur in a couple of months, and will be open to the public at large, including representatives of industry, defence, and civil society.</p>
<p> </p>
<h3>Key Concerns about the NGP Concept Note</h3>
<p><strong>1. Complete lack of availability of open geospatial data from Indian government agencies:</strong> No government agency in India publish open geospatial data. While maps are often sold, both in printed and in digital form, they are not provided in a machine-readable open format and under an open license. The concept note towards NGP has made strong commitments towards changing this situation. There is an immediate need to participate in the NGP drafting process, with coordination among various civil society actors interested in open geospatial data, to ensure that these principles are carried into and operationalised in the actual NGP document.</p>
<p><strong>2. Need for explicit and comprehensive set of criteria to determine if a set of geospatial data is sensitive for national security reasons:</strong> In formal and informal conversations with various agencies collecting and creating geospatial data in India, the role played by security agencies in blocking proactive and reactive public disclosure of geospatial data, and even intra-governmental sharing of such data, has been highlighted. Addressing this issue requires development of an explicit and comprehensive list of criteria that will establish a clear and rule-based system for identifying if a specific geospatial data set is to be categorised as “shareable” or “non-shareable.”</p>
<p><strong>3. No clarity regarding legal status of citizen/crowd-sourced geospatial data, and initiatives to generate them:</strong> Open user-contributed geospatial data, especially through the OpenStreetMap platform, has emerged as a key driver of the global geospatial services industry. There is a legal ambiguity created by the National Mapping Policy regarding generation of such data in India, which came into focus when Survey of India filed a case against Google for organising a Mapathon contest, which invited Indian users to add metadata about physical and built features through Google Maps platform.1 The NGP needs to expressly provide legal sanction (and perhaps framework) for citizen/crowd-sourcing of geospatial data.</p>
<p><strong>4. Fragmented institutional structure for collection, management, and distribution of different kinds of geospatial data:</strong> Survey of India, Indian Institute of Remote Sensing, and Indian Space Research Organisation are all key government agencies involved in creating and managing geospatial data. Further, Election Commission of India is involved in preparing geospatial data about electoral units and their boundaries. The National Spatial Data Infrastructure was conceptualised to harmonise and centralise the geospatial data management processes, but is yet to be implemented with the backing of a policy or an Act. The NSDI can be institutionalised via the NGP as the national archive, aggregator, and distributor of open geospatial data, being originally collected and created by a range of government agencies.</p>
<p><strong>5. Integration of National Geospatial Policy with National Data Sharing and Accessibility Policy (NDSAP):</strong> The proactive disclosure of “shareable” geospatial data using open geospatial standards and under open licenses must be carried out under the purview of the NDSAP, and through the open government data platform established through NDSAP. The decisions regarding licensing of open government data, as being discussed by the a committee set up under NDSAP, must also be applicable to open geospatial data that will be published following the instructions of the NGP. Further, instead of multiple online sources of open geospatial data collected by various Indian government agencies, must be identified as the primary and necessary source for publication of open geospatial data.</p>
<p><strong>6. Integration of National Geospatial Policy with Right to Information (RTI) Act:</strong> Geospatial data must be treated as a special category of information under the RTI Act, which necessitates that if an Indian citizen requests for geospatial data from a government agency under the purview of RTI Act, the agency must provide the data in a human-readable and machine-readable open geospatial standard, and not only in the printed format, as key qualities of digital geospatial data can be substantially lost when printed in paper.</p>
<p><strong>7. Need for special infrastructure for management and publication of real-time geospatial (big) data, and governance of the same:</strong> With increasing number of government assets being geo-referenced for the purpose of more effective and real-time management, especially in the transportation sector, the corresponding agencies (which are often not mapping agencies) are acquiring a vast amount of high-velocity geospatial data, which needs to be analysed and (sometimes) published in the real-time. The need for special infrastructure for such data, as well as its governance, has not been discussed in the concept note for NGP, which is a major omission.</p>
<p> </p>
<h3>Endnotes</h3>
<p><strong>[1]</strong> See: <a href="https://github.com/cis-india/website/raw/master/docs/DST_National-Geospatial-Policy_Concept-Note_2016.01.21.pdf">https://github.com/cis-india/website/raw/master/docs/DST_National-Geospatial-Policy_Concept-Note_2016.01.21.pdf</a>.</p>
<p><strong>[2]</strong> UNGA 41/65. Principles Relating to Remote Sensing of the Earth from Space: <a href="http://www.unoosa.org/pdf/gares/ARES_41_65E.pdf">http://www.unoosa.org/pdf/gares/ARES_41_65E.pdf</a>.</p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/openness/consultation-on-national-geospatial-policy-03022016'>https://cis-india.org/openness/consultation-on-national-geospatial-policy-03022016</a>
</p>
No publishersinhaOpen DataOpen Government DataFeaturedGeospatial DataOpennessDigital India2016-03-29T17:03:31ZBlog EntryAadhaar Bill 2016 Evaluated against the National Privacy Principles
https://cis-india.org/internet-governance/aadhaar-bill-2016-evaluated-against-the-national-privacy-principles
<b>In this infographic, we evaluate the privacy provisions of the Aadhaar Bill 2016 against the national privacy principles developed by the Group of Experts on Privacy led by the Former Chief Justice A.P. Shah in 2012. The infographic is based on Vipul Kharbanda’s article 'Analysis of Aadhaar Act in the Context of A.P. Shah Committee Principles,' and is designed by Pooja Saxena, with inputs from Amber Sinha.</b>
<p> </p>
<h4>Download the infographic: <a href="https://github.com/cis-india/website/raw/master/infographics/CIS_Aadhaar-2016-Vs-Privacy-Principles_v.1.0.pdf">PDF</a> and <a href="https://github.com/cis-india/website/raw/master/infographics/CIS_Aadhaar-2016-Vs-Privacy-Principles_v.1.0.png">PNG</a>.</h4>
<p> </p>
<p><strong>License:</strong> It is shared under Creative Commons <a href="https://creativecommons.org/licenses/by/4.0/">Attribution 4.0 International</a> License.</p>
<p> </p>
<img src="https://github.com/cis-india/website/raw/master/infographics/CIS_Aadhaar-2016-Vs-Privacy-Principles_v.1.0.png" alt="Aadhaar Bill 2016 Evaluated against the National Privacy Principles" />
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/aadhaar-bill-2016-evaluated-against-the-national-privacy-principles'>https://cis-india.org/internet-governance/aadhaar-bill-2016-evaluated-against-the-national-privacy-principles</a>
</p>
No publisherPooja Saxena and Amber SinhaUIDBig DataPrivacyInternet GovernanceInfographicDigital IndiaAadhaarBiometrics2016-03-21T08:38:34ZBlog Entry