The Centre for Internet and Society
https://cis-india.org
These are the search results for the query, showing results 31 to 45.
Digital India - Now to Work
https://cis-india.org/telecom/blog/business-standard-october-1-2015-shyam-ponappa-digital-india-now-to-work
<b>There's a buzz about Digital India again with an Indian PM finally reaching Silicon Valley. So are we close to broadband taking off, or is this just more hype?</b>
<p>The article was published in the <a class="external-link" href="http://www.business-standard.com/article/opinion/shyam-ponappa-digital-india-now-to-work-115100101355_1.html">Business Standard</a> on October 1, 2015 and mirrored in <a class="external-link" href="http://organizing-india.blogspot.in/2015/10/digital-india-now-to-work.html">Organizing India Blogspot</a> on October 2, 2015.</p>
<hr />
<p style="text-align: justify; ">The announcements are certainly promising. For instance, that Indian Railways will provide Wi-Fi services at 500 railway stations over the next few years. Google's support tendered by CEO Sundar Pichai offers new hope that this will happen. Other promising announcements include Microsoft CEO Satya Nadella's announcement of cloud-based services from India, and connectivity at the village level through TV White Space (unused broadcast spectrum), and Qualcomm CEO Paul Jacob's $150-million fund for start-ups in India.<br /><br />There have been announcements like these before. For instance, the Railways announced Wi-Fi projects for years, with modest achievements. For details, see "A history of Wi-Fi and Indian Railways from 2006 to Infinity (maybe)". [See <a class="external-link" href="http://www.medianama.com/2015/02/223-a-history-of-wi-fi-and-indian-railways-from-2006-to-infinity-maybe/">http://www.medianama.com/2015/02/223-a-history-of-wi-fi-and-indian-railways-from-2006-to-infinity-maybe/</a>, Riddhi Mukherjee, February 27, 2015].</p>
<p style="text-align: justify; ">What's troubling is that in terms of ground realities, except for TV White Space for broadband, there's little evidence of a systematic approach to problems besetting communications, and changes in policies to solve them. Everyone seems carried away, and this is as true of most of the media and the commentariat as it is of the politicians. But informed, systematic efforts at solutions are absolutely essential to achieve these aspirations.</p>
<p style="text-align: justify; ">Take the ingenuous comparisons of Silicon Valley with Bengaluru, with the latter being described as "nearly there". Such election rhetoric from former US Senator and Secretary of State John Kerry is one thing, but our savvy media folk should know better. People who visit Silicon Valley from India, or those who are based there and occasionally visit India, can't be blind to the stark differences. One is a place where the basics related to living and functioning effectively actually work well; the other isn't. One has potholed streets with garbage, decrepit or nonexistent sanitation, and chronic power cuts; the other doesn't. It's as simple as that.</p>
<p style="text-align: justify; ">This leads to another observation that's tossed off too easily, about less need for government. Blithe statements that government needs to be reduced, or to get out of the way and let the private sector function, are often made with apparently little understanding of what governments do before getting out of the way. Those essential services in Silicon Valley and elsewhere that function seamlessly and are taken for granted? That's what governments can do. In other words, that is government's responsibility: to provide, apart from security and law and order, the infrastructure services and organisation of communities, markets and financial systems that enable citizens to function effectively and live well. Yes, markets are indeed planned and structured in order to function well.</p>
<p style="text-align: justify; ">The data on broadband at the end of 2014 in the Broadband Report 2015 by the ITU and Unesco suggest that India is not doing too well compared with its developing neighbours in Asia (see chart at <span class="p-content" style="float: none; "><a href="http://www.broadbandcommission.org/%20documents/reports/bb-annualreport2015.pdf" target="_blank">http://www.broadbandcommission.org/ documents/reports/bb-annualreport2015.pdf</a></span>). Our leadership and government need to confront this reality, and apply themselves to reforms to improve conditions. Broadband subscriptions as a percentage of our population trail most countries, and the percentage of individuals using the Internet is at the bottom of the pack, with Myanmar, Bangladesh, Pakistan and Nepal.</p>
<p style="text-align: justify; ">To make Digital India a reality, here's what the government needs to do:</p>
<ul>
<li style="text-align: justify; ">Trials using TV White Space (TVWS, or unused broadcast spectrum) for broadband are finally under way, after years of struggle to get them going. If they work out, policies must be framed quickly for this spectrum to be bundled with fibre backbones such as BharatNet (the erstwhile National Optic Fibre network), and licensed service providers given access at reasonable cost.</li>
<li style="text-align: justify; ">Policies need to be formulated with government and operators working together, instead of as adversaries. This will increase the probability of success, as the private sector can be convinced of and contribute to practicable methods that they accept.</li>
<li style="text-align: justify; ">Policies for sharing spectrum can be extended to other under-used spectrum held by the government and Defence (secondary sharing, as in the USA), and to networks as well. This will facilitate broad, contiguous spectrum bands that are essential to support rising data usage that is affordable. Policies must also enable authorised operators to access all networks, fostering competition while increasing revenue potential and reducing costs. The data on broadband at the end of 2014 in the Broadband Report 2015 by the ITU and Unesco suggest that India is not doing too well compared with its developing neighbours in Asia. Our leadership and government need to confront this reality, and apply themselves to reforms to improve conditions.</li>
<li style="text-align: justify; ">The TVWS devices are manufactured by relatively small companies abroad with the exception of Huawei, which acquired Neul, one of the pioneers in the UK. Indian innovators can produce such devices locally, but only if they have a supportive ecosystem. That means sufficient continuing orders to create revenues for sustainable profits and cash flows. In a market like India, such orders need government support until new policies are in place and the demand is established. Once that happens, private enterprises can compete.<br /><br />For instance, a chip designer start-up in Bangalore with designs for TV and broadband cards using TV White Space has had to scramble to manufacture complete products to bring their prototypes to market. Without sustained buying, they'll languish like other device manufacturers overseas, with episodic sales to narrow markets. That's because developing economies are likely to be bigger markets for these devices than developed economies, but only after policies allow deployment; secondly, there's insufficient support in developed markets. The irony will be if Indian innovators can get only offshore prospects like Huawei as partners or investors.</li>
<li style="text-align: justify; ">Unremitting government effort in the systematic development of basic infrastructure services (at the primary level, besides communications, there's power, transportation, water and sanitation, basic health and education; at the secondary level: communities, markets and financial systems) will round out the potential for India as a producer economy as well as a large and growing market.</li>
</ul>
<p style="text-align: justify; ">This is the work that now needs to get done: accept the reality of our infrastructure deficiencies, change our spectrum and network sharing policies, plan step-by-step, and execute for results.</p>
<ul>
</ul>
<p>
For more details visit <a href='https://cis-india.org/telecom/blog/business-standard-october-1-2015-shyam-ponappa-digital-india-now-to-work'>https://cis-india.org/telecom/blog/business-standard-october-1-2015-shyam-ponappa-digital-india-now-to-work</a>
</p>
No publisherShyam PonappaBroadbandTelecomDigital IndiaSpectrum2015-11-10T03:18:15ZBlog EntryNotes for India as the digital trade juggernaut rolls on
https://cis-india.org/internet-governance/blog/the-hindu-arindrajit-basu-february-8-2022-notes-for-india-as-the-digital-trade-juggernaut-rolls-on
<b>Sitting out trade negotiations could result in the country losing out on opportunities to shape the rules.</b>
<p>The article by Arindrajit Basu was <a class="external-link" href="https://www.thehindu.com/opinion/op-ed/notes-for-india-as-the-digital-trade-juggernaut-rolls-on/article38393921.ece">published in the Hindu</a> on February 8, 2022</p>
<hr />
<p style="text-align: justify; ">Despite the cancellation of the Twelfth Ministerial Conference (MC12) of the World Trade Organization (WTO) late last year (scheduled date, November 30, 2021-December 3, 2021) due to COVID-19, digital trade negotiations continue their ambitious march forward. On December 14, Australia, Japan, and Singapore, co-convenors of the plurilateral Joint Statement Initiative (JSI) on e-commerce, welcomed the ‘substantial progress’ made at the talks over the past three years and stated that they expected a convergence on more issues by the end of 2022.</p>
<h3>Holding out</h3>
<p style="text-align: justify; ">But therein lies the rub: even though JSI members account for over 90% of global trade, and the initiative welcomes newer entrants, over half of WTO members (largely from the developing world) continue to opt out of these negotiations. They fear being arm-twisted into accepting global rules that could etiolate domestic policymaking and economic growth. India and South Africa have led the resistance and been the JSI’s most vocal critics. India has thus far resisted pressures from the developed world to jump onto the JSI bandwagon, largely through coherent legal argumentation against the JSI and a long-term developmental vision. Yet, given the increasingly fragmented global trading landscape and the rising importance of the global digital economy, can India tailor its engagement with the WTO to better accommodate its economic and geopolitical interests?</p>
<h3><strong>Global rules on digital trade</strong></h3>
<p style="text-align: justify; ">The WTO emerged in a largely analogue world in 1994. It was only at the Second Ministerial Conference (1998) that members agreed on core rules for e-commerce regulation. A temporary moratorium was imposed on customs duties relating to the electronic transmission of goods and services. This moratorium has been renewed continuously, to consistent opposition from India and South Africa. They argue that the moratorium imposes significant costs on developing countries as they are unable to benefit from the revenue customs duties would bring.</p>
<p style="text-align: justify; ">The members also agreed to set up a work programme on e-commerce across four issue areas at the General Council: goods, services, intellectual property, and development. Frustrated by a lack of progress in the two decades that followed, 70 members brokered the JSI in December 2017 to initiate exploratory work on the trade-related aspects of e-commerce. Several countries, including developing countries, signed up in 2019 despite holding contrary views to most JSI members on key issues. Surprise entrants, China and Indonesia, argued that they sought to shape the rules from within the initiative rather than sitting on the sidelines.</p>
<p style="text-align: justify; ">India and South Africa have rightly pointed out that the JSI contravenes the WTO’s consensus-based framework, where every member has a voice and vote regardless of economic standing. Unlike the General Council Work Programme, which India and South Africa have attempted to revitalise in the past year, the JSI does not include all WTO members. For the process to be legally valid, the initiative must either build consensus or negotiate a plurilateral agreement outside the aegis of the WTO.</p>
<p style="text-align: justify; ">India and South Africa’s positioning strikes a chord at the heart of the global trading regime: how to balance the sovereign right of states to shape domestic policy with international obligations that would enable them to reap the benefits of a global trading system.</p>
<h3><strong>A contested regime</strong></h3>
<p style="text-align: justify; ">There are several issues upon which the developed and developing worlds disagree. One such issue concerns international rules relating to the free flow of data across borders. Several countries, both within and outside the JSI, have imposed data localisation mandates that compel corporations to store and process data within territorial borders. This is a key policy priority for India. Several payment card companies, including Mastercard and American Express, were prohibited from issuing new cards for failure to comply with a 2018 financial data localisation directive from the Reserve Bank of India. The Joint Parliamentary Committee (JPC) on data protection has recommended stringent localisation measures for sensitive personal data and critical personal data in India’s data protection legislation. However, for nations and industries in the developed world looking to access new digital markets, these restrictions impose unnecessary compliance costs, thus arguably hampering innovation and supposedly amounting to unfair protectionism.</p>
<p style="text-align: justify; ">There is a similar disagreement regarding domestic laws that mandate the disclosure of source codes. Developed countries believe that this hampers innovation, whereas developing countries believe it is essential for algorithmic transparency and fairness — which was another key recommendation of the JPC report in December 2021.</p>
<h3><strong>India’s choices</strong></h3>
<p style="text-align: justify; ">India’s global position is reinforced through narrative building by political and industrial leaders alike. Data sovereignty is championed as a means of resisting ‘data colonialism’, the exploitative economic practices and intensive lobbying of Silicon Valley companies. Policymaking for India’s digital economy is at a critical juncture. Surveillance reform, personal data protection, algorithmic governance, and non-personal data regulation must be galvanised through evidenced insights,and work for individuals, communities, and aspiring local businesses — not just established larger players.</p>
<p style="text-align: justify; ">Hastily signing trading obligations could reduce the space available to frame appropriate policy. But sitting out trade negotiations will mean that the digital trade juggernaut will continue unchecked, through mega-regional trading agreements such as the Regional Comprehensive Economic Partnership (RCEP) and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). India could risk becoming an unwitting standard-taker in an already fragmented trading regime and lose out on opportunities to shape these rules instead.</p>
<p style="text-align: justify; ">Alternatives exist; negotiations need not mean compromise. For example, exceptions to digital trade rules, such as ‘legitimate public policy objective’ or ‘essential security interests’, could be negotiated to preserve policymaking where needed while still acquiescing to the larger agreement. Further, any outcome need not be an all-or-nothing arrangement. Taking a cue from the Digital Economy Partnership Agreement (DEPA) between Singapore, Chile, and New Zealand, India can push for a framework where countries can pick and choose modules with which they wish to comply. These combinations can be amassed incrementally as emerging economies such as India work through domestic regulations.</p>
<p style="text-align: justify; ">Despite its failings, the WTO plays a critical role in global governance and is vital to India’s strategic interests. Negotiating without surrendering domestic policy-making holds the key to India’s digital future.</p>
<hr />
<p style="text-align: justify; "><i>Arindrajit Basu is Research Lead at the Centre for Internet and Society, India. The views expressed are personal. The author would like to thank The Clean Copy for edits on a draft of this article.</i></p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/the-hindu-arindrajit-basu-february-8-2022-notes-for-india-as-the-digital-trade-juggernaut-rolls-on'>https://cis-india.org/internet-governance/blog/the-hindu-arindrajit-basu-february-8-2022-notes-for-india-as-the-digital-trade-juggernaut-rolls-on</a>
</p>
No publisherbasuDigitalisationDigital KnowledgeInternet GovernanceE-CommerceDigital India2022-02-09T15:04:36ZBlog EntryBreakthroughs 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 EntryDigital 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>
<hr />
<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 EntryA Market Structure for Digital India
https://cis-india.org/telecom/blog/business-standard-october-5-2016-shyam-ponappa-a-market-structure-for-digital-india
<b> If delivery is priced below cost, communications services will be unsustainable and ineffective. The stress in the telecom sector is evident from the data. The market capitalisation of listed telecom operators has been stagnant since the 3G auction in 2010, while the government collected Rs 2.83 lakh crore of non-tax charges from them.</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-a-market-structure-for-digital-india-116100501200_1.html">Business Standard</a> on October 5, 2016 was mirrored in <a class="external-link" href="http://organizing-india.blogspot.in/2016/10/a-market-structure-for-digital-india.html">Organizing India Blogspot</a> on October 9, 2016.</p>
<hr />
<p style="text-align: justify; ">In March 2010 before the auction, the capitalisation was Rs 1.84 lakh crore; in March 2016, it was Rs 1.71 lakh crore, with the BSE Sensex up nearly 60 per cent. A larger share of earnings has gone to government rather than shareholders, and also to banks as interest (Rs 2.08 lakh crore). The irony is that no operator has bid so far for the most useful spectrum bands on auction, 700 and 900 MHz. Uncertainties abound, and there are several questions.</p>
<p style="text-align: justify; ">Reliance Jio's entry, although expected, is a jolt. Will voice calls priced below mandatory interconnect charges be treated as being predatory or anticompetitive? The technicality is that Jio doesn't have high market share, apparently a criterion under competition law. Will this hold, given that Jio's entry has reduced total market capitalisation? Will delivery capability in terms of network size and/or market power from associated businesses be relevant criteria for dominance? What happens when Jio does have sizeable market share?</p>
<ul>
<li style="text-align: justify; ">On the face of it, lower prices seem better for users. Look more closely and it's not so simple, especially when you consider other services in India offered for free or at highly subsidised rates. One issue is the structure of a market that supports delivery below cost, and its quality of services/products. Another is the criterion that maximises social welfare that should drive government's policies. Is consumer surplus in the short term a reasonable criterion? As it happens, we have experienced markets with constrained consumer surplus for years. For example, in the category of infrastructure and essential inputs/utilities, we've had this approach towards fertilisers, electricity, petroleum products like kerosene, cooking gas and diesel until recently, water, and sewerage. We've also experienced this in our entire range of manufactured products earlier, when we had exorbitant import barriers. These experiences have been less than sanguine. The misuse of kerosene and gas, and the effects of diesel subsidies are prominent examples. The distortions that have set in, such as overuse of ground water and fertilisers, and the vicious circle with electricity and diesel generators, will be difficult to correct.</li>
</ul>
<p style="text-align: justify; "> </p>
<ul>
<li style="text-align: justify; ">Aren't there similar deleterious effects in communications from spectrum auctions and government charges that inflate input costs, and price wars that degrade investment capacity for network extension and delivery? As it is, the quality of services for voice and data is very poor. An essential resource for better connectivity is spectrum, yet government's approach to its management has been and remains inimical to its stated objective of achieving ubiquitous access of good quality. Governments make it difficult for operators to extend networks simply by not setting the right administrative policies. To quote Google Vice-President Caesar Sengupta: India is "a very large country with very little spectrum". It does not seem clear to our governments that broadband access through fixed lines for everyone is infeasible in the foreseeable future. Also, that unless radical changes are made, it is inconceivable that broadband servcies can be made available at prices and quality comparable to TV.</li>
</ul>
<h3 style="text-align: justify; ">The Triad of Interests</h3>
<p style="text-align: justify; ">Even if the criterion for public welfare is user benefits/consumer surplus, judging by price alone is simplistic, because it misses other aspects of service delivery that contribute to the cost-benefit package. One essential aspect is ubiquitous access. Another is effective, consistent service delivery, which requires quality, and stability. A third is the period or life cycle. It doesn't help if you have an inexpensive product or service today, and nothing tomorrow. The definition of long term also varies, depending on one's perception of the life-cycle cost of the product/service. For a user, it may be several years, or his/her life cycle. For a society, it may mean generations.</p>
<p style="text-align: justify; ">In addition to consumer benefits, other factors need to be considered from the perspectives of pragmatism and realpolitik. Realistically, a triad of stakeholder interests has to be balanced for a sustainable beneficial outcome. These are: consumer and producer surplus, and what might be termed "government interests" in the broadest sense defined below. The latter has been manifest in many global spectrum auctions, and although detrimental to the sector, is an aspect of reality that cannot be wished away. For example, our governments preferred rationing and auctions to more constructive approaches such as sharing infrastructure, and when the Supreme Court ruled that resources need not be auctioned, spectrum was excluded, which seems logically indefensible. For sustainable, consistent services, champions of all three criteria must partner to adopt mutually acceptable solutions.</p>
<h3 style="text-align: justify; ">Assumptions about Enabling Policies</h3>
<p style="text-align: justify; ">Certain basic amenities comprise the essential infrastructure that everyone needs to be productive and have reasonable well-being. To some extent, this is linked to reasonably high per capita income. Without it, broad access to good infrastructure is infeasible. It takes that level of organisation, institutions and investment, including its implications for developing and organising human capital, to build such capabilities, as in Organisation for Economic Cooperation and Development (OECD) countries. Emerging economies have to manage with lower order platforms, or a subset of higher order services combined with others of lower order. Prioritisation then becomes the key, and areas of emphasis have to be chosen. This is where the priority accorded to Digital India comes in. If digital systems are crucial facilitators for development and productivity, they need to be accorded that level of importance and effort, with substantive changes to policies.</p>
<p style="text-align: justify; ">The government sets the policies and incentives. Government here means not just the central government and the states' executives, but the gamut of regulatory and government agencies: the legislature, the regulators, and the judiciary. These agencies must converge and persuade public opinion to support action in the public interest. Ultimately, society has to pay. If delivery is priced below cost in communications, the services will be as unsustainable and ineffective as in other distorted sectors with freebies.</p>
<hr />
<p style="text-align: justify; ">Reference: <i> Krishna Kant: <a href="http://www.business-standard.com/article/economy-policy/spectrum-fees-leave-no-money-in-shareholders-pockets-116092701398_1.html" target="_blank">http://www.business-standard.com/article/economy-policy/spectrum-fees-leave-no-money-in-shareholders-pockets-116092701398_1.html</a>, Business Standard, September 28, 2016</i>. The author can be contacted at shyamponappa@gmail.com</p>
<p>
For more details visit <a href='https://cis-india.org/telecom/blog/business-standard-october-5-2016-shyam-ponappa-a-market-structure-for-digital-india'>https://cis-india.org/telecom/blog/business-standard-october-5-2016-shyam-ponappa-a-market-structure-for-digital-india</a>
</p>
No publisherShyam PonappaTelecomDigital India2016-10-10T02:09:06ZBlog EntryBig Data in India: Benefits, Harms, and Human Rights - Workshop Report
https://cis-india.org/internet-governance/big-data-in-india-benefits-harms-and-human-rights-a-report
<b>The Centre for Internet and Society held a one-day workshop on “Big Data in India: Benefits, Harms and Human Rights” at India Habitat Centre, New Delhi on the 1st of October, 2016. This report is a compilation of the the issues discussed, ideas exchanged and challenges recognized during the workshop. The objective of the workshop was to discuss aspects of big data technologies in terms of harms, opportunities and human rights. The discussion was designed around an extensive study of current and potential future uses of big data for governance in India, that CIS has undertaken over the last year with support from the MacArthur Foundation.</b>
<p> </p>
<p><strong>Contents</strong></p>
<p><a href="#1"><strong>Big Data: Definitions and Global South Perspectives</strong></a></p>
<p><a href="#2"><strong>Aadhaar as Big Data</strong></a></p>
<p><a href="#3"><strong>Seeding</strong></a></p>
<p><a href="#4"><strong>Aadhaar and Data Security</strong></a></p>
<p><a href="#5"><strong>Aadhaar’s Relational Arrangement with Big Data Scheme</strong></a></p>
<p><a href="#6"><strong>The Myths surrounding Aadhaar</strong></a></p>
<p><a href="#7"><strong>IndiaStack and FinTech Apps</strong></a></p>
<p><a href="#8"><strong>Problems with UID</strong></a></p>
<hr />
<h2 id="1">Big Data: Definitions and Global South Perspectives</h2>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">“Big Data” has been defined by multiple scholars till date. The first consideration at the workshop was to discuss various definitions of big data, and also to understand what could be considered Big Data in terms of governance, especially in the absence of academic consensus. One of the most basic ways to define it, as given by the National Institute of Standards and Technology, USA, is to take it to be the data that is beyond the computational capacity of current systems. This definition has been accepted by the UIDAI of India. Another participant pointed out that Big Data is not only indicative of size, but rather the nature of data which is unstructured, and continuously flowing. The Gartner definition of Big Data relies on the three Vs i.e. Volume (size), Velocity (infinite number of ways in which data is being continuously collected) and Variety (the number of ways in which data can be collected in rows and columns).</p>
<p style="text-align: justify;" dir="ltr">The presentation also looked at ways in which Big Data is different from traditional data. It was pointed out that it can accommodate diverse unstructured datasets, and it is ‘relational’ i.e. it needs the presence of common field(s) across datasets which allows these fields to be conjoined. For e.g., the UID in India is being linked to many different datasets, and they don’t constitute Big Data separately, but do so together. An increasingly popular definition is to define data as “Big Data” based on what can be achieved through it. It has been described by authors as the ability to harness new kinds of insight which can inform decision making. It was pointed out that CIS does not subscribe to any particular definition, and is still in the process of coming up with a comprehensive definition of Big Data.</p>
<p style="text-align: justify;" dir="ltr">Further, discussion touched upon the approach to Big Data in the Global South. It was pointed out that most discussions about Big Data in the Global South are about the kind of value that it can have, the ways in which it can change our society. The Global North, on the other hand, has moved on to discussing the ethics and privacy issues associated with Big Data.</p>
<p style="text-align: justify;" dir="ltr">After this, the presentation focussed on case studies surrounding key Central Government initiatives and projects like Aadhaar, Predictive Policing, and Financial Technology (FinTech).</p>
<h2 id="2">Aadhaar as Big Data</h2>
<p style="text-align: justify;" dir="ltr">In presenting CIS’ case study on Aadhaar, it was pointed out that initially, Aadhaar, with its enrollment dataset was by itself being seen as Big Data. However, upon careful consideration in light of definitions discussed above, it can be seen as something that enables Big Data. The different e-governance projects within Digital India, along with Aadhaar, constitute Big Data. The case study discussed the Big Data implications of Aadhaar, and in particular looked at a ‘cradle to grave’ identity mapping through various e-government projects and the datafication of various transaction generated data.</p>
<h2 id="3">Seeding</h2>
<p style="text-align: justify;" dir="ltr">Any digital identity like Aadhaar typically has three features: 1. Identification i.e. a number or card used to identify yourself; 2. Authentication, which is based on your number or card and any other digital attributes that you might have; 3. Authorisation: As bearers of the digital identity, we can authorise the service providers to take some steps on our behalf. The case study discussed ‘seeding’ which enables the Big Data aspects of Digital India. In the process of seeding, different government databases can be seeded with the UID number using a platform called Ginger. Due to this, other databases can be connected to UIDAI, and through it, data from other databases can be queried by using your Aadhaar identity itself. This is an example of relationality, where fractured data is being brought together. At the moment, it is not clear whether this access by UIDAI means that an actual physical copy of such data from various sources will be transferred to UIDAI’s servers or if they will just access it through internet, but the data remains on the host government agency’s server. An example of even private parties becoming a part of this infrastructure was raised by a participant when it was pointed out that Reliance Jio is now asking for fingerprints. This can then be connected to the relational infrastructure being created by UIDAI. The discussion then focused on how such a structure will function, where it was mentioned that as of now, it cannot be said with certainty that UIDAI will be the agency managing this relational infrastructure in the long run, even though it is the one building it.</p>
<h2 id="4">Aadhaar and Data Security</h2>
<p style="text-align: justify;" dir="ltr">This case study also dealt with the sheer lack of data protection legislation in India except for S.43A of the IT Act. The section does not provide adequate protection as the constitutionality of the rules and regulations under S.43A is ambivalent. More importantly, it only refers to private bodies. Hence, any seeding which is being done by the government is outside the scope of data protection legislation. Thus, at the moment, no legal framework covers the processes and the structures being used for datasets. Due to the inapplicability of S.43A to public bodies, questions were raised as to the existence of a comprehensive data protection policy for government institutions. Participants answered the question in the negative. They pointed out that if any government department starts collecting data, they develop their own privacy policy. There are no set guidelines for such policies and they do not address concerns related to consent, data minimisation and purpose limitation at all. Questions were also raised about the access and control over Big Data with government institutions. A tentative answer from a participant was that such data will remain under the control of the domain specific government ministry or department, for e.g. MNREGA data with the Ministry of Rural Development, because the focus is not on data centralisation but rather on data linking. As long as such fractured data is linked and there is an agency that is responsible to link them, this data can be brought together. Such data is primarily for government agencies. But the government is opening up certain aspects of the data present with it for public consumption for research and entrepreneurial purposes.The UIDAI provides you access to your own data after paying a minimal fee. The procedure for such access is still developing.</p>
<h2 id="5">Aadhaar’s Relational Arrangement with Big Data Scheme</h2>
<p style="text-align: justify;" dir="ltr">The various Digital India schemes brought in by the government were elucidated during the workshop. It was pointed out that these schemes extend to myriad aspects of a citizen’s daily life and cover all the essential public services like health, education etc. This makes Aadhaar imperative even though the Supreme Court has observed that it is not mandatory for every citizen to have a unique identity number. The benefits of such identity mapping and the ecosystem being generated by it was also enumerated during the discourse. But the complete absence of any data ethics or data confidentiality principles make us unaware of the costs at which these benefits are being conferred on us. Apart from surveillance concerns, the knowledge gap being created between the citizens and the government was also flagged. Three main benefits touted to be provided by Aadhaar were then analysed. The first is the efficient delivery of services. This appears to be an overblown claim as the Aadhaar specific digitisation and automation does not affect the way in which employment will be provided to citizens through MNREGA or how wage payment delays will be overcome. These are administrative problems that Aadhaar and associated technologies cannot solve. The second is convenience to the citizens. The fallacies in this assertion were also brought out and identified. Before the Aadhaar scheme was rolled in, ration cards were issued based on certain exclusion and inclusion criteria.. The exclusion and inclusion criteria remain the same while another hurdle in the form of Aadhaar has been created. As India is still lacking in supporting infrastructure such as electricity, server connectivity among other things, Aadhaar is acting as a barrier rather than making it convenient for citizens to enroll in such schemes.The third benefit is fraud management. Here, a participant pointed out that this benefit was due to digitisation in the form of GPS chips in food delivery trucks and electronic payment and not the relational nature of Aadhaar. Aadhaar is only concerned with the linking up or relational part. About deduplication, it was pointed out how various government agencies have tackled it quite successfully by using technology different from biometrics which is unreliable at the best of times.</p>
<h2 id="6">The Myths surrounding Aadhaar</h2>
<p style="text-align: justify;" dir="ltr">The discussion also reflected on the fact that Aadhaar is often considered to be a panacea that subsumes all kinds of technologies to tackle leakages. However, this does not take into account the fact that leakages happen in many ways. A system should have been built to tackle those specific kinds of leakages, but the focus is solely on Aadhaar as the cure for all. Notably, participants who have been a part of the government pointed out how this myth is misleading and should instead be seen as the first step towards a more digitally enhanced country which is combining different technologies through one medium.</p>
<h2 id="7">IndiaStack and FinTech Apps</h2>
<h3 id="71">What is India Stack?</h3>
<p style="text-align: justify;" dir="ltr">The focus then shifted to another extremely important Big Data project, India Stack, being conceptualised and developed by a team of private developers called iStack, for the NPCI. It builds on the UID project, Jan Dhan Yojana and mobile services trinity to propagate and develop a cashless, presence-less, paperless and granular consent layer based on UID infrastructure to digitise India.</p>
<p style="text-align: justify;" dir="ltr">A participant pointed out that the idea of India Stack is to use UID as a platform and keep stacking things on it, such that more and more applications are developed. This in turn will help us to move from being a ‘data poor’ country to a ‘data rich’ one. The economic benefits of this data though as evidenced from the TAGUP report - a report about the creation of National Information Utilities to manage the data that is present with the government - is for the corporations and not the common man. The TAGUP report openly talks about privatisation of data.</p>
<h3 id="72">Problems with India Stack</h3>
<p style="text-align: justify;" dir="ltr">The granular consent layer of India Stack hasn’t been developed yet but they have proposed to base it on MIT Media Lab’s OpenPDS system. The idea being that, on the basis of the choices made by the concerned person, access to a person’s personal information may be granted to an agency like a bank. What is more revolutionary is that India Stack might even revoke this access if the concerned person expresses a wish to do so or the surrounding circumstances signal to India Stack that it will be prudent to do so. It should be pointed out that the the technology required for OpenPDS is extremely complex and is not available in India. Moreover, it’s not clear how this system would work. Apart from this, even the paperless layer has its faults and has been criticised by many since its inception, because an actual government signed and stamped paper has been the basis of a claim.. In the paperless system, you are provided a Digilocker in which all your papers are stored electronically, on the basis of your UID number. However, it was brought to light that this doesn’t take into account those who either do not want a Digilocker or UID number or cases where they do not have access to their digital records. How in such cases will people make claims?</p>
<h3 id="73">A Digital Post-Dated Cheque: It’s Ramifications</h3>
<p style="text-align: justify;" dir="ltr">A key change that FinTech apps and the surrounding ecosystem want to make is to create a digital post-dated cheque so as to allow individuals to get loans from their mobiles especially in remote areas. This will potentially cut out the need to construct new banks, thus reducing the capital expenditure , while at the same time allowing the credit services to grow. The direct transfer of money between UID numbers without the involvement of banks is a step to further help this ecosystem grow. Once an individual consents to such a system, however, automatic transfer of money from one’s bank accounts will be affected, regardless of the reason for payment. This is different from auto debt deductions done by banks presently, as in the present system banks have other forms of collateral as well. The automatic deduction now is only affected if these other forms are defaulted upon. There is no knowledge as to whether this consent will be reversible or irreversible. As Jan Dhan Yojana accounts are zero balance accounts, the account holder will be bled dry. The implication of schemes such as “Loan in under 8 minutes” were also discussed. The advantage of such schemes is that transaction costs are reduced.The financial institution can thus grant loans for the minimum amount without any additional enquiries. It was pointed out that this new system is based on living on future income much like the US housing bubble crash. Interestingly, in Public Distribution Systems, biometrics are insisted upon even though it disrupts the system. This can be seen as a part of the larger infrastructure to ensure that digital post-dated cheques become a success.</p>
<h3 id="74">The Role of FinTech Apps</h3>
<p style="text-align: justify;" dir="ltr">FinTech ‘apps’ are being presented with the aim of propagating financial inclusion. The Technology Advisory Group for Unique Projects report stated that as managing such information sources is a big task, just like electricity utilities, a National Information Utilities (NIU) should be set up for data sources. These NIUs as per the report will follow a fee based model where they will be charging for their services for government schemes. The report identified two key NIUs namely the National Payments Corporation of India (NPCI) and the Goods and Services Tax Network (GSTN). The key usage that FinTech applications will serve is credit scoring. The traditional credit scoring data sources only comprised a thin file of records for an individual, but the data that FinTech apps collect - a person’s UID number, mobile number. and bank account number all linked up, allow for a far more comprehensive credit rating. Government departments are willing to share this data with FinTech apps as they are getting analysis in return. Thus, by using UID and the varied data sources that have been linked together by UID, a ‘thick file’ is now being created by FinTech apps. Banking apps have not yet gone down the route of FinTech apps to utilise Big Data for credit scoring purposes.</p>
<p style="text-align: justify;" dir="ltr"> </p>
<p style="text-align: justify;" dir="ltr">The two main problems with such apps is that there is no uniform way of credit scoring. This distorts the rate at which a person has to pay interest. The consent layer adds another layer of complication as refusal to share mobile data with a FinTech app may lead to the app declaring one to be a risky investment thus, subjecting that individual to a higher rate of interest .</p>
<div style="text-align: justify;" dir="ltr"> </div>
<h3 id="75">Regulation of FinTech Apps and the UID Infrastructure</h3>
<p style="text-align: justify;" dir="ltr"> India Stack and the applications that are being built on it, generate a lot of transaction metadata that is very intimate in nature. The privacy aspects of the UID legislation doesn't cover such data. The granular consent layer which has been touted to cover this still has to come into existence. Also, Big Data is based on sharing and linking of data. Here, privacy concerns and Big Data objectives clash. Big Data by its very nature challenges privacy principles like data minimisation and purpose limitation.The need for regulation to cover the various new apps and infrastructure which are being developed was pointed out.</p>
<h2 id="8">Problems with UID</h2>
<p style="text-align: justify;" dir="ltr">It has been observed that any problem present with Aadhaar is usually labelled as a teething problem, it’s claimed that it will be solved in the next 10 years. But, this begs the question - why is the system online right now?</p>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">Aadhaar is essentially a new data condition and a new exclusion or inclusion criteria. Data exclusion modalities as observed in Rajasthan after the introduction of biometric Point of Service (POS) machines at ration shops was found to be 45% of the population availing PDS services. This number also includes those who were excluded from the database by being included in the wrong dataset. There is no information present to tell us how many actual duplicates and how many genuine ration card holders were weeded out/excluded by POS.</p>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">It was also mentioned that any attempt to question Aadhaar is considered to be an attempt to go back to the manual system and this binary thinking needs to change. Big Data has the potential to benefit people, as has been evidenced by the scholarship and pension portals. However, Big Data’s problems arise in systems like PDS, where there is centralised exclusion at the level of the cloud. Moreover, the quantity problem present in the PDS and MNREGA systems persists. There is still the possibility of getting lesser grains and salary even with analysis of biometrics, hence proving that there are better technologies to tackle these problems. Presently, the accountability mechanisms are being weakened as the poor don’t know where to go to for redressal. Moreover, the mechanisms to check whether the people excluded are duplicates or not is not there. At the time of UID enrollment, out of 90 crores, 9 crore were rejected. There was no feedback or follow-up mechanism to figure out why are people being rejected. It was just assumed that they might have been duplicates.</p>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">Another problem is the rolling out of software without checking for inefficiencies or problems at a beta testing phase. The control of developers over this software, is so massive that it can be changed so easily without any accountability.. The decision making components of the software are all proprietary like in the the de-duplication algorithm being used by the UIDAI. Thus, this leads to a loss of accountability because the system itself is in flux, none of it is present in public domain and there are no means to analyse it in a transparent fashion..</p>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">These schemes are also being pushed through due to database politics. On a field study of NPR of citizens, another Big Data scheme, it was found that you are assumed to be an alien if you did not have the documents to prove that you are a citizen. Hence, unless you fulfill certain conditions of a database, you are excluded and are not eligible for the benefits that being on the database afford you.</p>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">Why is the private sector pushing for UIDAI and the surrounding ecosystem?</p>
<p style="text-align: justify;" dir="ltr">Financial institutions stand to gain from encouraging the UID as it encourages the credit culture and reduces transaction costs.. Another advantage for the private sector is perhaps the more obvious one, that is allows for efficient marketing of products and services..</p>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">The above mentioned fears and challenges were actually observed on the ground and the same was shown through the medium of a case study in West Bengal on the smart meters being installed there by the state electricity utility. While the data coming in from these smart meters is being used to ensure that a more efficient system is developed,it is also being used as a surrogate for income mapping on the basis of electricity bills being paid. This helps companies profile neighbourhoods. The technical officer who first receives that data has complete control over it and he can easily misuse the data. This case study again shows that instruments like Aadhaar and India Stack are limited in their application and aren’t the panacea that they are portrayed to be.</p>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">A participant pointed out that in the light of the above discussions, the aim appears to be to get all kinds of data, through any source, and once you have gotten the UID, you link all of this data to the UID number, and then use it in all the corporate schemes that are being started. Most of the problems associated with Big Data are being described as teething problems. The India Stack and FinTech scheme is coming in when we already know about the problems being faced by UID. The same problems will be faced by India Stack as well.</p>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">Can you opt out of the Aadhaar system and the surrounding ecosystem?</p>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">The discussion then turned towards whether there can be voluntary opting out from Aadhaar. It was pointed out that the government has stated that you cannot opt out of Aadhaar. Further, the privacy principles in the UIDAI bill are ambiguously worded where individuals only have recourse for basic things like correction of your personal information. The enforcement mechanism present in the UIDAI Act is also severely deficient. There is no notification procedure if a data breach occurs. . The appellate body ‘Cyber Appellate Tribunal’ has not been set up in three years.</p>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">CCTNS: Big Data and its Predictive Uses</p>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">What is Predictive Policing?</p>
<p style="text-align: justify;" dir="ltr">The next big Big Data case study was on the Crime and Criminal Tracking Network & Systems (CCTNS). Originally it was supposed to be a digitisation and interconnection scheme where police records would be digitised and police stations across the length and breadth of the country would be interconnected. But, in the last few years some police departments of states like Chandigarh, Delhi and Jharkhand have mooted the idea of moving on to predictive policing techniques. It envisages the use of existing statistical and actuarial techniques along with many other tropes of data to do so. It works in four ways: 1. By predicting the place and time where crimes might occur; 2. To predict potential future offenders; 3. To create profiles of past crimes in order to predict future crimes; 4. Predicting groups of individuals who are likely to be victims of future crimes.</p>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">How is Predictive Policing done?</p>
<p style="text-align: justify;" dir="ltr">To achieve this, the following process is followed: 1. Data collection from various sources which includes structured data like FIRs and unstructured data like call detail records, neighbourhood data, crime seasonal patterns etc. 2. Analysis by using theories like the near repeat theory, regression models on the basis of risk factors etc. 3. Intervention</p>
<div style="text-align: justify;" dir="ltr"> </div>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">Flaws in Predictive Policing and questions of bias</p>
<p style="text-align: justify;" dir="ltr">An obvious weak point in the system is that if the initial data going into the system is wrong or biased, the analysis will also be wrong. Efforts are being made to detect such biases. An important way to do so will be by building data collection practices into the system that protect its accuracy. The historical data being entered into the system is carrying on the prejudices inherited from the British Raj and biases based on religion, caste, socio-economic background etc.</p>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">One participant brought about the issue of data digitization in police stations, and the impact of this haphazard, unreliable data on a Big Data system. This coupled with paucity of data is bound to lead to arbitrary results. An effective example was that of black neighbourhoods in the USA. These are considered problematic and thus they are policed more, leading to a higher crime rate as they are arrested for doing things that white people in an affluent neighbourhood get away with. This in turn further perpetuates the crime rate and it becomes a self-fulfilling prophecy. In India, such a phenomenon might easily develop in the case of migrants, de-notified tribes, Muslims etc. A counter-view on bias and discrimination was offered here. One participant pointed out that problems with haphazard or poor quality of data is not a colossal issue as private companies are willing to fill this void and are actually doing so in exchange for access to this raw data. It was also pointed out how bias by itself is being used as an all encompassing term. There are multiplicities of biases and while analysing the data, care should be taken to keep it in mind that one person’s bias and analysis might and usually does differ from another. Even after a computer has analysed the data, the data still falls into human hands for implementation.</p>
<p style="text-align: justify;" dir="ltr">The issue of such databases being used to target particular communities on the basis of religion, race, caste, ethnicity among other parameters was raised. Questions about control and analysis of data were also discussed, i.e. whether it will be top-down with data analysis being done in state capitals or will this analysis be done at village and thana levels as well too. It was discussed as topointed out how this could play a major role in the success and possible persecutory treatment of citizens, as the policemen at both these levels will have different perceptions of what the data is saying. . It was further pointed out, that at the moment, there’s no clarity on the mode of implementation of Big Data policing systems. Police in the USA have been seen to rely on Big Data so much that they have been seen to become ‘data myopic’. For those who are on the bad side of Big Data, in the Indian context, laws like preventive detention can be heavily misused.There’s a very high chance that predictive policing due to the inherent biases in the system and the prejudices and inefficiency of the legal system will further suppress the already targeted sections of the society. A counterpoint was raised and it was suggested that contrary to our fears, CCTNS might lead to changes in our understanding and help us to overcome longstanding biases.</p>
<p style="text-align: justify;" dir="ltr">Open Knowledge Architecture as a solution to Big Data biases?</p>
<p style="text-align: justify;" dir="ltr">The conference then mulled over the use of ‘Open Knowledge’ architecture to see whether it can provide the solution to rid Big Data of its biases and inaccuracies if enough eyes are there. It was pointed out that Open Knowledge itself can’t provide foolproof protection against these biases as the people who make up the eyes themselves are predominantly male belonging to the affluent sections of the society and they themselves suffer from these biases.</p>
<p style="text-align: justify;" dir="ltr">Who exactly is Big Data supposed to serve?</p>
<p style="text-align: justify;" dir="ltr">The discussion also looked at questions such as who is this data for? Janata Information System (JIS), is a concept developed by MKSS where the data collected and generated by the government is taken to be for the common citizens. For e.g. MNREGA data should be used to serve the purposes of the labourers. The raw data as is available at the moment, usually cannot be used by the common man as it is so vast and full of information that is not useful for them at all. It was pointed out that while using Big Data for policy planning purposes, the actual string of information that turned out to be needed was very little but the task of unravelling this data for civil society purposes is humongous. By presenting the data in the right manner, the individual can be empowered. The importance of data presentation was also flagged. It was agreed upon that the content of the data should be for the labourer and not a MNC, as the MNC has the capability to utilise the raw data on it’s own regardless.</p>
<p style="text-align: justify;" dir="ltr">Concerns about Big Data usage</p>
<ol><li style="list-style-type: decimal;" dir="ltr">
<p style="text-align: justify;" dir="ltr">Participants pointed out that privacy concerns are usually brushed under the table due to a belief that the law is sufficient or that the privacy battle has already been lost. </p>
</li><li style="list-style-type: decimal;" dir="ltr">
<p style="text-align: justify;" dir="ltr">In the absence of knowledge of domain and context, Big Data analysis is quite limited. Big Data’s accuracy and potential to solve problems needs to be factually backed.</p>
</li><li style="list-style-type: decimal;" dir="ltr">
<p style="text-align: justify;" dir="ltr">The narrative of Big Data often rests on the assumption that descriptive statistics take over inferential statistics, thus eliminating the need for domain specific knowledge. It is claimed that the data is so big that it will describe everything that we need to know.</p>
</li><li style="list-style-type: decimal;" dir="ltr">
<p style="text-align: justify;" dir="ltr">Big Data is creating a shift from a deductive model of scientific rigour to an inductive one. In response to this, a participant offered the idea that troves of good data allow us to make informed questions on the basis of which the deductive model will be formed. A hybrid approach combining both deductive and inductive might serve us best.</p>
</li><li style="list-style-type: decimal;" dir="ltr">
<p style="text-align: justify;" dir="ltr">The need to collect the right data in the correct format, in the right place was also expressed.</p>
</li></ol>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">Potential Research Questions & Participants’ Areas of Research</p>
<p style="text-align: justify;" dir="ltr">Following this discussion, participants brainstormed to come up with potential areas of research and research questions. They have been captured below:</p>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">Big Data, Aadhaar and India Stack:</p>
<div style="text-align: justify;" dir="ltr"> </div>
<ol><li style="list-style-type: decimal;" dir="ltr">
<p style="text-align: justify;" dir="ltr">Has Aadhaar been able to tackle illegal ways of claiming services or are local negotiations and other methods still prevalent?</p>
</li><li style="list-style-type: decimal;" dir="ltr">
<p style="text-align: justify;" dir="ltr">Is the consent layer of India Stack being developed in a way that provides an opportunity to the UID user to give informed consent? The OpenPDS and its counterpart in the EU i.e. the My Data Structure were designed for countries with strong privacy laws. Importantly, they were meant for information shared on social media and not for an individual’s health or credit history. India is using it in a completely different sphere without strong data protection laws. What were the granular consent layer structures present in the West designed for and what were they supposed to protect?</p>
</li><li style="list-style-type: decimal;" dir="ltr">
<p style="text-align: justify;" dir="ltr">The question of ownership of data needs to be studied especially in context of a globalised world where MNCs are collecting copious amounts of data of Indian citizens. What is the interaction of private parties in this regard?</p>
</li></ol>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">Big Data and Predictive Policing:</p>
<div style="text-align: justify;" dir="ltr"> </div>
<ol><li style="list-style-type: decimal;" dir="ltr">
<p style="text-align: justify;" dir="ltr">How are inequalities being created through the Big Data systems? Lessons should be taken from the Western experience with the advent of predictive policing and other big data techniques - they tend to lead to perpetuation of the current biases which are already ingrained in the system.</p>
</li><li style="list-style-type: decimal;" dir="ltr">
<p style="text-align: justify;" dir="ltr">It was also pointed out how while studying these topics and anything related to technology generally, we become aware of a divide that is present between the computational sciences and social sciences. This divide needs to be erased if Big Data or any kind of data is to be used efficiently. There should be a cross-pollination between different groups of academics. An example of this can be seen to be the ‘computational social sciences departments’ that have been coming up in the last 3-4 years.</p>
</li><li style="list-style-type: decimal;" dir="ltr">
<p style="text-align: justify;" dir="ltr">Why are so many interim promises made by Big Data failing? A study of this phenomenon needs to be done from a social science perspective. This will allow one to look at it from a different angle.</p>
</li></ol>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">Studying Big Data:</p>
<div style="text-align: justify;" dir="ltr"> </div>
<ol><li style="list-style-type: decimal;" dir="ltr">
<p style="text-align: justify;" dir="ltr">What is the historical context of the terms of reference being used for Big Data? The current Big Data debate in India is based on parameters set by the West. For better understanding of Big Data, it was suggested that P.C. Mahalanobis’ experience while conducting the Indian census, (which was the Big Data of that time) can be looked at to get a historical perspective on Big Data. This comparison might allow us to discover questions that are important in the Indian context. It was also suggested that rather than using ‘Big Data’ as a catchphrase to describe these new technological innovations, we need to be more discerning.</p>
</li><li style="list-style-type: decimal;" dir="ltr">
<p style="text-align: justify;" dir="ltr">What are the ideological aspects that must be considered while studying Big Data? What does the dialectical promise of technology mean? It was contended that every time there is a shift in technology, the zeitgeist of that period is extremely excited and there are claims that it will solve everything. There’s a need to study this dialectical promise and the social promise surrounding it.</p>
</li><li style="list-style-type: decimal;" dir="ltr">
<p style="text-align: justify;" dir="ltr">Apart from the legitimate fears that Big Data might lead to exclusion, what are the possibilities in which it improve inclusion too?</p>
</li><li style="list-style-type: decimal;" dir="ltr">
<p style="text-align: justify;" dir="ltr">The diminishing barrier between the public and private self, which is a tangent to the larger public-private debate was mentioned.</p>
</li><li style="list-style-type: decimal;" dir="ltr">
<p style="text-align: justify;" dir="ltr">How does one distinguish between technology failure and process failure while studying Big Data? </p>
</li></ol>
<div style="text-align: justify;" dir="ltr"> </div>
<div style="text-align: justify;" dir="ltr"> </div>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">Big Data: A Friend?</p>
<p style="text-align: justify;" dir="ltr">In the concluding session, the fact that the Big Data moment cannot be wished away was acknowledged. The use of analytics and predictive modelling by the private sector is now commonplace and India has made a move towards a database state through UID and Digital India. The need for a nuanced debate, that does away with the false equivalence of being either a Big Data enthusiast or a luddite is crucial.</p>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">A participant offered two approaches to solving a Big Data problem. The first was the Big Data due process framework which states that if a decision has been taken that impacts the rights of a citizen, it needs to be cross examined. The efficacy and practicality of such an approach is still not clear. The second, slightly paternalistic in nature, was the approach where Big Data problems would be solved at the data science level itself. This is much like the affirmative algorithmic approach which says that if in a particular dataset, the data for the minority community is not available then it should be artificially introduced in the dataset. It was also suggested that carefully calibrated free market competition can be used to regulate Big Data. For e.g. a private personal wallet company that charges higher, but does not share your data at all can be an example of such competition. </p>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">Another important observation was the need to understand Big Data in a Global South context and account for unique challenges that arise. While the convenience of Big Data is promising, its actual manifestation depends on externalities like connectivity, accurate and adequate data etc that must be studied in the Global South.</p>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">While the promises of Big Data are encouraging, it is also important to examine its impacts and its interaction with people's rights. Regulatory solutions to mitigate the harms of big data while also reaping its benefits need to evolve.</p>
<div style="text-align: justify;" dir="ltr"> </div>
<div style="text-align: justify;" dir="ltr"> </div>
<p><span id="docs-internal-guid-90fa226f-6157-27d9-30cd-050bdc280875"></span></p>
<div style="text-align: justify;" dir="ltr"> </div>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/big-data-in-india-benefits-harms-and-human-rights-a-report'>https://cis-india.org/internet-governance/big-data-in-india-benefits-harms-and-human-rights-a-report</a>
</p>
No publisherVidushi Marda, Akash Deep Singh and Geethanjali JujjavarapuHuman RightsUIDBig DataPrivacyArtificial IntelligenceInternet GovernanceMachine LearningFeaturedDigital IndiaAadhaarInformation TechnologyE-Governance2016-11-18T12:58:19ZBlog EntryRational 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 ItemPublic 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 ItemUIDAI 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 GovernanceUID2016-08-22T13:25:03ZEventConsultation 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 EntryA Pathfinding Approach for Digital India
https://cis-india.org/telecom/blog/business-standard-january-31-2017-and-organizing-india-blogspot-february-1-2017-shyam-ponappa-a-pathfinding-approach-for-digital-india
<b>It's not only the installation of the OFC, but of ensuring quality and reliability.</b>
<p>The article was published in the <a class="external-link" href="http://www.business-standard.com/article/opinion/shyam-ponappa-pathfinding-approach-for-digital-india-117013101475_1.html">Business Standard</a> on January 31, 2017 and reproduced on <a class="external-link" href="http://organizing-india.blogspot.in/2017/02/a-pathfinding-approach-for-digital-india.html">Organizing India Blogspot</a> on February 1, 2017.</p>
<hr />
<p style="text-align: justify; ">Most people believe an optical fibre cable (OFC) connection is necessary for broadband. While largely true, this is often financially viable only in urban agglomerations. What is less known is that trading companies use wireless links between New York and Chicago for high-speed electronic trades.<a href="#fn1" name="fr1">[1] </a>For people outside urban clusters, wireless is a less expensive alternative to fibre. They get only a few megabits per second, but realistically, ubiquitous broadband at 2 Mbps would be great.</p>
<p style="text-align: justify; "><span>Three factors are driving internet access and usage in India. An overriding factor is the growth of wireless devices and traffic as a global phenomenon. Cisco estimated in June 2016 that in 2015, wired access comprised 52 per cent of IP traffic, but would reduce to one-third by 2020, while wireless access would increase to two-thirds. This trend is reinforced by another factor: Innovation that lowers costs and improves performance in mobile wireless <i>(Chart 1)</i>.</span></p>
<p style="text-align: justify; "><span><b><span>Chart 1: Mobile Innovation Lowers Costs and Improves Performance</span></b></span></p>
<p style="text-align: justify; "><span><b><span><img height="208" src="https://3.bp.blogspot.com/-kklWnr7DWH4/WJIQfL4K8xI/AAAAAAAACrM/FWLSDxCA5aIvrxxlt7AQNRS66ob1WP8HQCLcB/s320/Mobile%2BInnovation%2BLowers%2BCosts%2B%2526%2BImproves%2BPerformance-Brookings.png" width="320" /></span></b></span></p>
<p style="text-align: justify; "><i><span><span>Sources: Cisco Visual Networking Index; International Telecommunication Union; IE Market Research; Motorola, Deutsche Bank; Qualcomm<br />Note: Data speed indicated the maximum downlink speed, not average observed speeds. The average observed speeds depend on many factors, including infra, subscriber density and device harware and software</span></span></i></p>
<p style="text-align: justify; "><span><span>The third factor is the combination of the geographic spread of our population, the concentration of broadband penetration (Chart 2), and the limited coverage of OFC networks. While major cities and their connecting links are covered by OFC, less populated and less commercially attractive areas between them are not. In hilly terrain, there is considerable difficulty in laying OFC, which extends far beyond cost. In urban areas, cost can be a deterrent because we lack reasonable, uniform charges for rights-of-way. Such procedures and practices are difficult to institute and enforce, but are essential for robust, viable OFC networks.</span></span></p>
<p style="text-align: justify; "><span><span><b><span>Chart 2: Broadband Penetration</span></b></span></span></p>
<p style="text-align: justify; "><span><span><b><span><img height="272" src="https://1.bp.blogspot.com/-dlwUGRQtTAo/WJIMAFROeHI/AAAAAAAACrA/L5okGjdonCcqmKpJEbmX0-wNZG0hg-IYwCLcB/s320/Broadband%2BPenetration-The%2BHindu-2016-08-25.png" width="320" /></span></b></span></span></p>
<p style="text-align: justify; "><span><span><span>Source: http://www.thehindu.com/sci-tech/technology/internet/The-India-wide-web/article14588938.ece</span></span></span></p>
<p style="text-align: justify; "><span><span><span>It's not only the installation of the OFC, but of ensuring quality and reliability. OFC networks in India apparently suffer from 12 to 14 cuts per km per month, whereas the international benchmark is 0.7 cuts per km km per month. Apart from more frequent repairs, the capital expenditure in India is nearly three times as high as in Australia or the US.<a href="#fn2" name="fr2">[2]</a></span></span></span></p>
<p style="text-align: justify; "><span><span><span>Estimates for installing OFC using standard procedures vary from about Rs 1 lakh to Rs 4 lakh per km. However, there have been attempts at getting costs down by radical changes in approach. For example, Andhra Pradesh considered an OFC installation of 22,500 km estimated Rs 4,700 crore. By stringing fibre overhead along electric cables, however, the estimate was cut to Rs 333 crore, reducing costs from Rs 21 lakh to under Rs 1.5 lakh per km. It remains to be seen how this network will perform in terms of quality and reliability. Also, wireless technology is needed to extend connectivity from the fibre to villages, and cellular network costs rise with less bandwidth. For instance, one estimate is that excluding spectrum costs, a network using 5 MHz costs nearly 70 percent more than using 20 MHz.</span></span></span></p>
<p style="text-align: justify; "><span><span><span>For all these reasons, we need concerted action to redesign our approach to broadband, covering the fundamentals of infrastructure, spectrum and market design. The exponential growth in mobile services has reached a plateau, and is complicated by the taint of the 2G spectrum scams. This has resulted in a mindset combining witch-hunting and paranoia in the press, the public, government departments, and the judiciary. This is not conducive for the coordinated, collective strategy and action that is required to extricate ourselves. Several proven wireless technologies are not permitted in India, although the Telecom Regulatory Authority of India has recommended their use. Methods to increase connectivity like those listed below are urgently needed, with requisite environmental safeguards such as the use of renewable energy.</span></span></span></p>
<ul>
<li><span><span><span>60 GHz (V band) wireless gigabit for short-haul; <br /></span></span></span></li>
<li><span><span><span>70 and 80 GHz (E band) for multi-gigabit backhaul up to 5 km;</span></span></span></li>
<li><span><span><span>TV White Space for the middle mile from the fibre to users in villages up to 8-10 km away in a single hop;</span></span></span></li>
</ul>
<p style="text-align: justify; "><span><span><span>Additional steps, e.g.:</span></span></span></p>
<ul>
<li>Increasing unlicensed spectrum in the 5.8 GHz band from 50 MHz to 80 MHz to enable 866 Mbps per channel, or more for gigabit capacity;</li>
</ul>
<ul>
<li style="text-align: justify; ">Enabling secondary sharing of spectrum bands such as TV White Space, which has the possibility of existing Indian IPR establishing domestic manufacturing and dominating this niche;</li>
</ul>
<p style="text-align: justify; ">It is evident that despite intense efforts by the people involved, our existing approach is simply not getting us to where we need to be. This has been repeated by government and private sector representatives many times. There’s no substitute for developing a sound approach, collectively and participatively, with professional facilitation, cutting across government, industry (operators and equipment providers), users, and the judiciary, to devise whatever solutions will deliver better results. We have to move away from adversarial deadlock.</p>
<p style="text-align: justify; "><span>A good way to begin is by accepting facts, and considering the evidence before dismissing points of view. For licensing, we know that government collections from revenue sharing far exceed the auction fees foregone (“<a href="http://organizing-india.blogspot.com/2016/04/breakthroughs-needed-for-digital-india.html" target="_blank">Breakthroughs Needed for Digital India</a>”). We have the experience of building other infrastructure such as roads and airports on revenue-sharing principles. We have to take a similar systematic, phased approach to designing and implementing broadband networks. Policies on infrastructure resource use including spectrum need to be rationalised, and the sector organised through participative path-finding and problem solving. We have to build national champions in manufacturing to keep costs affordable, for instance, using TV White Space. India could set the standard with its IPR and products where OFC is infeasible or unviable for connectivity to villages and rural clusters. Both the administrative and political leadership need to do this, working with all stakeholders, and not treating any of them as adversaries, or cronies.</span></p>
<div style="text-align: justify; ">
<div style="float: left; ">
<div style="float: left; "></div>
</div>
</div>
<p style="text-align: justify; "><span><b><span> </span></b></span></p>
<hr />
<p>[<a href="#fr1" name="fn1">1</a>]. ‘Information Transmission between Financial Markets in Chicago and New York’, Gregory Laughlin, Anthony Aguirre, and Joseph Grundfest, Cornell University Library, arXiv.org</p>
<p style="text-align: justify; ">[<a href="#fr2" name="fn2">2</a>]. Conference presentation, Sterlite, <a href="http://www.trai.gov.in/sites/default/files/Sterlite-Badri.pdf">http://www.trai.gov.in/sites/default/files/Sterlite-Badri.pdf</a></p>
<p>
For more details visit <a href='https://cis-india.org/telecom/blog/business-standard-january-31-2017-and-organizing-india-blogspot-february-1-2017-shyam-ponappa-a-pathfinding-approach-for-digital-india'>https://cis-india.org/telecom/blog/business-standard-january-31-2017-and-organizing-india-blogspot-february-1-2017-shyam-ponappa-a-pathfinding-approach-for-digital-india</a>
</p>
No publisherShyam PonappaTelecomDigital India2017-03-03T16:39:37ZBlog EntryNIPFP Seminar on Exploring Policy Issues in the Digital Technology Arena
https://cis-india.org/internet-governance/news/nipfp-seminar-on-exploring-policy-issues-in-the-digital-technology-arena
<b>Anubha Sinha participated in this seminar as a discussant on the "Regulating emerging technologies" panel. The event was held at Indian Institute of Advanced Study, Shimla on October 10 - 11, 2019.
</b>
<p>Click to view the <a class="external-link" href="http://cis-india.org/internet-governance/files/exploring-policy-issues-in-the-digital-technology-arena">agenda here</a>. The session briefs can be <a class="external-link" href="http://cis-india.org/internet-governance/files/session-briefs">seen here</a>.</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/news/nipfp-seminar-on-exploring-policy-issues-in-the-digital-technology-arena'>https://cis-india.org/internet-governance/news/nipfp-seminar-on-exploring-policy-issues-in-the-digital-technology-arena</a>
</p>
No publisherAdminPrivacyDigital KnowledgeInternet GovernanceDigital TechnologiesDigital India2019-10-20T07:40:16ZNews ItemPratap Vikram Singh - Why Aadhaar is Baseless?
https://cis-india.org/internet-governance/news/gov-now-pratap-vikram-singh-17032016-why-aadhaar-is-baseless
<b>This article by Pratap Vikram Singh, Governance Now, discusses the problems emerging out of the UIDAI project due to its lack of mechanisms for informed and granular consent, and for seeking recourse in the case of denial of service. The article quotes Sumandro Chattapadhyay and mentions Hans Varghese Mathew's work on the biometric basis of UIDAI. It was written before the Aadhaar bill was passed in Lok Sabha.</b>
<p> </p>
<p><em>Cross-posted from <a class="external-link" href="http://www.governancenow.com/news/regular-story/baseless-aadhaar">Governance Now</a>.</em></p>
<hr />
<p style="text-align: justify;">It was no less than a roller-coaster ride for Aadhaar, a programme formulated by the UPA government to assign a 12-digit unique number to every Indian resident. From the time it came into being in 2009, Aadhaar drew a volley of criticism, thanks to the misgivings and apprehensions that various critics and civil society organisations had. It was criticised for lack of a clear purpose, degree of effectiveness and absence of a privacy law and was virtually thrown into the bin by a parliamentary panel headed by BJP’s Yashwant Sinha in December 2011.</p>
<p style="text-align: justify;">When the finance minister Arun Jaitley, in his budget speech, announced that the government would introduce the Aadhaar bill during the budget session, expectations were already set high. The bill, giving statutory backing to the unique identification authority of India (UIDAI), the implementing authority, was passed by the Lok Sabha on March 11. While the privacy and voluntary versus mandatory provisions are under the consideration of the supreme court, the bill makes way for linking Aadhaar with all government subsidies, benefits and services. The law on Aadhaar, former UIIDAI chairman Nandan Nilekani wrote in the Indian Express, will help the government in going paperless, presence-less and cashless. The legislation, however, fails to deliver on several counts.</p>
<p style="text-align: justify;">However, prior to evaluating the bill (yet to be passed by the Rajya Sabha at the time of this writing though it is a money bill), let us take a look at its major aspects. For those, who always wondered whether Aadhaar is mandatory or voluntary, the bill 2016 makes it mandatory to avail subsidy, benefit or a service from the government.</p>
<p style="text-align: justify;">The bill has provisions related to information security and confidentiality (section 28) which not only extend to employees of the UIDAI but also consultants and external agencies working with the authority.</p>
<p style="text-align: justify;">The proposed law restricts information sharing. It bars UIDAI from sharing core biometric information – the bill defines it as fingerprints and iris scan – with “anyone for any reason whatsoever” or “used for any purpose other than generation of Aadhaar numbers and authentication under this Act”. The section 32 of the bill entitles Aadhaar number holders to access her or his authentication record. It also bars the authority from collecting, keeping or maintaining information about the purpose of authentication.</p>
<h3>Odd Drives the Bill</h3>
<p style="text-align: justify;">While the intent is clear and is aimed at streamlining welfare schemes to ensure it reaches the bottom of the pyramid, cutting through the long chain of pilferage and subversion, the bill, however, has several shortcomings. To begin with, the government should not have taken the money bill route to pass the legislation – tactfully avoiding any conclusive discussion and debate in the Rajya Sabha, where it is in minority.</p>
<p style="text-align: justify;">The bill assumes that the technology and the biometric system used by the UIDAI are flawless and it doesn’t provide any recourse in case of denial of a service. “If your fingerprint is not matching and you lose out on service, then what is the alternative mechanism you have,” asks Sumandro Chattapadhyay, research director, centre for internet and society (CIS). The bill doesn’t provide for recourse. “What if the scanning machine fails? What if the identifiers of two people match?”</p>
<p style="text-align: justify;">Based on experiments conducted in the initial days of the Aadhaar programme, Hans Verghese Mathews, another CIS researcher, did a study on the probability of matching of identifiers of two persons. “For the current population of 1.2 billion the expected proportion of duplicands (users whose identifiers match) is 1/121, a ratio which is far too high,” Mathews wrote in the Economic and Political Weekly in February.</p>
<p style="text-align: justify;">“It is like putting the technology in a black box – which can’t be reviewed,” says Chattapadhyay. The bill doesn’t talk about setting up an independent body to review the logs and keep an eye on wrong and duplicate matches.</p>
<h3>Who Defines National Security?</h3>
<p style="text-align: justify;">According to public policy experts, it is an attempt to seek “minimal legitimacy” from parliament and further adds to the unbridled power of the executive.</p>
<p style="text-align: justify;">Although the bill restricts information sharing in section 29, sections 33 and 48 provide exemption in cases of national security and public emergency, respectively. The legislation, nevertheless, doesn’t elaborate on what constitutes national security and public emergency, leaving it to the executives. The section 33 reads: “Nothing contained in… shall apply in respect of any disclosure of information, including identity information or authentication records, made in the interest of national security….”</p>
<p style="text-align: justify;">Similarly, section 48 states that if, at any time, the central government is of the opinion that a public emergency exists, “the central government may, by notification, supersede the Authority for such period, not exceeding six months, as may be specified in the notification and appoint a person or persons as the president may direct to exercise powers and discharge functions under this Act”.</p>
<p style="text-align: justify;">Says Jayati Ghosh, professor, centre for economic studies and planning, Jawaharlal Nehru University, “National security is a very opaque term. Who decides what national security is? Today, the whole JNU is being projected as a threat to national security.” Swagato Sarkar, associate professor and executive director, Jindal school of government and public policy, OP Jindal Global University, says, “The bill has provisions for oversight on the use of Aadhaar, but then it suspends those provisions in case of emergency in the later sections, giving the state the power to use biometric information for whatever it deems fit.”</p>
<p style="text-align: justify;">Sarkar adds, “It seems the bill is simply an instrument for seeking minimum legitimacy from parliament. The bill tries to address the concern of privacy minimally and it hardly serves any purpose.” He believes that there is a need to define the broader contours of democratic control of the state and reassess the changing state-citizen relationship, instead of rejecting the whole idea on the basis of surveillance and privacy. In other words, there is a need for strong parliamentary oversight, and that the Aadhaar related matters shouldn’t be completely delegated to the executive.</p>
<p style="text-align: justify;">In its recommendations on formulating Privacy Act, the justice AP Shah committee in 2012 provided for establishing the office of privacy commissioner at the regional and central levels, defining the role of self-regulating organisations and co-regulation, and creating a system of complaints and redressal for aggrieved individuals. Since the country still doesn’t have any legislation on privacy, people are left on their own in case of an infringement or violation of privacy. Moreover, section 47 states, “No court shall take cognizance of any offence punishable under this Act, save on a complaint made by the Authority or any officer or person authorised by it.”</p>
<p style="text-align: justify;">In its report, the parliamentary committee headed by Yashwant Sinha notes that “enactment of national data protection law… is a prerequisite for any law that deals with large scale collection of information from individuals and its linkages across separate databases”. The committee notes that in absence of data protection legislation, it would be difficult to deal with issues of access, misuse of personal information, surveillance, profiling, linking and matching of databases and securing confidentiality of information.</p>
<h3>Subsidy-Aadhaar Linkage</h3>
<p style="text-align: justify;">The Sinha committee also takes a cautious view of the role of Aadhaar in curbing leakages in subsidy distribution, as beneficiary identification is done by states. It notes, “Even if the Aadhaar number links entitlements to targeted beneficiaries, it may not even ensure that beneficiaries have been correctly identified. Thus, the present problem of proper identification would persist.”</p>
<p style="text-align: justify;">According to Ghosh, the biggest danger in using Aadhaar for social welfare programmes is that the fingerprints of the rural working class is not always in good shape and hence Aadhaar will not be the best way of identification. “If I am misidentified, I can go to so many places for recourse. But what if a labourer in a remote Jharkhand village is misidentified? Where and whether he would go?” the economist asks. Besides, the bill doesn’t limit the use of Aadhaar and defines areas where it can be used. Section 57 says that the law will not prevent the use of Aadhaar number for establishing the identity of an individual for any purpose, “whether by the state or anybody corporate or person, pursuant to any law, for the time being in force or any contract to this effect.”</p>
<p style="text-align: justify;">According to a PRS Legislative review, since the bill also allows private persons to use Aadhaar as a proof of identity for any purpose, the provision will open a floodgate and enable private entities such as airlines, telecom, insurance and real estate companies to mandate Aadhaar as a proof of identity for availing their services.</p>
<p style="text-align: justify;">Since the bill doesn’t restrict its application, people will not have a choice to identify themselves other than using Aadhaar when corporate organisations make it mandatory, says Chattapadhyay of the CIS. Adds Sarkar, “The bill should clearly mention sectors or services where Aadhaar will be potentially used (or made mandatory). Every time a new sector or service is added to the list, it is done after parliamentary approval.”</p>
<p style="text-align: justify;">So far, 98 crore people have been assigned Aadhaar number. So far the project has costed Rs 8,000 crore.</p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/news/gov-now-pratap-vikram-singh-17032016-why-aadhaar-is-baseless'>https://cis-india.org/internet-governance/news/gov-now-pratap-vikram-singh-17032016-why-aadhaar-is-baseless</a>
</p>
No publisherpraskrishnaUIDPrivacyInternet GovernanceDigital IndiaAadhaarBiometrics2016-04-02T05:31:30ZNews ItemFAQ 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 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 Entry