The Centre for Internet and Society
https://cis-india.org
These are the search results for the query, showing results 1 to 15.
Your economy, our livelihoods: A policy brief by the All India Gig Workers’ Union
https://cis-india.org/raw/your-econonomy-our-livelihoods-a-policy-brief-by-the-all-india-gigi-workers-union
<b>In this policy brief, the All India Gig Workers’ Union (AIGWU) presents its critique on NITI Aayog’s report on India’s platform economy. Through experiences from over 3 years of organising gig workers across India, they highlight fallacies in the report that disregard workers’ experiences and realities. They present alternative recommendations that are responsive to these realities, and offer pathways towards rights-affirming futures for workers in the platform economy.
</b>
<p><span style="text-align: justify; "><a class="external-link" href="https://cis-india.org/raw/files/your-economy-our-livelihoods.pdf">Click to download</a> the full report</span></p>
<hr />
<h3>Alternative recommendations towards rights-affirming futures for workers in the platform economy</h3>
<p><strong>Regulating the unchecked rise of platforms and the platform workforce</strong></p>
<p dir="ltr" style="text-align: justify; ">The rise of platforms will not only affect workers in blue collar or grey collar jobs but also engulf other service sectors that currently provide permanent and dignified employment. The platform and gig work paradigm must not be used as a way to further deregulate the Indian economy by subterfuge.</p>
<p style="text-align: justify; ">Robust regulatory mechanisms and worker protections must be extended to the gig economy and other forms of perennial employment threatened by the new Central labour codes. Gig workers must be recognised as employees with a clear test of employment enshrined in law.</p>
<p style="text-align: justify; ">A stronger push towards better paradigms of work can only come from alternative models of platform work. It is essential that the government foster the creation of platform cooperatives in certain service sectors. Such platform cooperatives will mitigate market concentration that results from the network effects of large private platforms, offer greater stability than profit-oriented private platforms, and offer genuine pro-people alternatives.</p>
<p dir="ltr"><strong>Securing data rights and employment security</strong></p>
<p dir="ltr" style="text-align: justify; ">Gig workers must be guaranteed individual and collective rights to their data collected and stored by platforms. Workers’ data should belong to the workers. Workers should be able to access verified records of their training (if any) and work contributions. The government should prescribe standards to ensure that these records are machine-readable and universally inter-operable. In addition, workers must have easy access to verified receipts for each successful task performed on the platform.</p>
<p dir="ltr"><strong>Centering gender-responsive protections for workers facing intersectional vulnerabilities</strong></p>
<p dir="ltr" style="text-align: justify; ">Platform work is uncritically accepted as a panacea for women without taking a deeper look at labour practices, and how women workers may be particularly vulnerable to workplace risks and exploitation.</p>
<p style="text-align: justify; ">Considering these vulnerabilities, there must be legal and regulatory measures enabling women to participate in the gig economy more fully—for example, creches, sexual harassment prevention measures, equal wages, and proper hours and working conditions. Crucially, there should be safety provisions for all gig workers, especially for women who face greater dangers of harassment. Importantly, accessible and efficient enforcement mechanisms must be introduced to operationalise schemes and rights for women workers.</p>
<p><strong>Securing minimum social protection guarantees for all workers on digital platforms</strong></p>
<p dir="ltr" style="text-align: justify; ">Effective minimum wages of INR 26,000 per month must be enforced as demanded by the Joint Platform of Central Trade Unions in India. This figure must be used to determine the minimum earnings for an hour’s worth of work on a platform.</p>
<p style="text-align: justify; ">Provision for Provident Fund (PF) must be introduced, and a bank account that does not require minimum balances or related charges must also be guaranteed. Social insurance measures must be guaranteed including health insurance, personal accident insurance, pension, maternity benefits, and disability benefits. In addition, the state government must consider waiving off charges relating to fuel surcharges and parking expenses/ penalties for gig workers, while on duty.</p>
<p style="text-align: justify; ">Security and safety for women workers must be addressed by issuing government ID cards for gig workers. Gig workers are required to travel to unknown localities, where residents tend to be suspicious of them. The government ID card will help workers establish their identity and increase their credibility among the residents.</p>
<p>Social security legislation and a tripartite board (with representation of workers and worker organisations, government, and platforms) must be constituted to ensure registration of all platform-based gig workers and facilitate their access to social security. The law should cover all those persons who are engaged in professions that are using digital platforms for their last mile delivery.</p>
<p><strong>Building accountability mechanisms for financial inclusion measures on platforms</strong></p>
<p dir="ltr" style="text-align: justify; ">While including gig workers into the formal banking system is essential, this must not be used as a pretext to ensnare them into debt traps. Should the government wish to use platforms as a lever for financial inclusion, it must mandate platforms to deposit a minimum amount above and beyond workers’ existing incomes towards their consumption. For platforms, existing schemes must be rejigged—Firstly, the burden of credit schemes must not be borne only by public sector banks; the private sector must also be directed to take on some of the lending. Secondly, interest rates may be lowered for such loans, but this reduced rate must be made conditional on ensuring a certain threshold of working conditions to gig workers.</p>
<p><strong>Developing workforce estimation strategies that reflect workers’ realities</strong></p>
<p dir="ltr" style="text-align: justify; ">Workers in the gig economy must not blindly be lumped with the unorganised sector without an understanding of nuances within the broad definition of the gig economy. Assumptions that workers in the gig economy have alternate sources of income must be refuted. Rather, in the case of gig workers in the Indian context, ground realities show that this work actually constitutes primary sources of income.</p>
<p dir="ltr" style="text-align: justify; ">Primary data must be collected across the country where platform work is seen as a clear option for individuals to choose as a profession. Thus, one can estimate the percentage of the population that depends on the gig economy in a consistent manner. Digital platforms must provide adequate data to state governments on the number of workers registered on the platform in every region (along with work time data) in order for governments to actively prepare for public infrastructure requirements required for such employment generation.</p>
<hr />
<h3 dir="ltr" style="text-align: justify; ">Contributors</h3>
<p dir="ltr">Authors: W.C. Shukla, Rikta Krishnaswamy, Rohin Garg, Gunjan Jena, and S.B. Natarajan</p>
<p dir="ltr">Images: All India Gig Workers’ Union (AIGWU)</p>
<p dir="ltr">Design: Annushka Jaliwala</p>
<h3>About the All India Gig Workers’ Union (AIGWU)</h3>
<p dir="ltr">The All India Gig Workers’ Union (AIGWU) is a registered trade union for all food delivery, logistics, and service workers that work on any app-based platforms in India.</p>
<p dir="ltr">Contact: <a href="mailto:contactaigwu@gmail.com">contactaigwu@gmail.com</a></p>
<p>Connect: <a href="https://twitter.com/aigwu_union">Twitter</a>; <a href="https://www.facebook.com/aigwu">Facebook</a></p>
<p style="text-align: justify; ">The views and opinions expressed on this page are those of their individual authors. Unless the opposite is explicitly stated, or unless the opposite may be reasonably inferred, CIS does not subscribe to these views and opinions which belong to their individual authors. CIS does not accept any responsibility, legal or otherwise, for the views and opinions of these individual authors. For an official statement from CIS on a particular issue, please contact us directly.</p>
<p>
For more details visit <a href='https://cis-india.org/raw/your-econonomy-our-livelihoods-a-policy-brief-by-the-all-india-gigi-workers-union'>https://cis-india.org/raw/your-econonomy-our-livelihoods-a-policy-brief-by-the-all-india-gigi-workers-union</a>
</p>
No publisherW.C. Shukla, Rikta Krishnaswamy, Rohin Garg, Gunjan Jena, and S.B. NatarajanLabour FuturesDigital EconomyGig WorkDigital LabourReserve Bank of IndiaFeaturedHomepage2024-01-31T00:02:12ZBlog EntryTrans Pacific Partnership and Digital 2 Dozen: Implications for Data Protection and Digital Privacy
https://cis-india.org/internet-governance/blog/tpp-and-d2-implications-for-data-protection-and-digital-privacy
<b>In this essay, Shubhangi Heda explores the concerns related to data protection and digital privacy under the Trans Pacific Partnership (TPP) agreement signed recently between United States of America and eleven countries located around the pacific ocean region, across South America, Australia, and Asia. TPP is a free trade agreement (FTA) that emphasises, among other things, the need for liberalising global digital economy. The essay also analyses the critical document titled ‘Digital 2 Dozen’ (D2D), which compiles the key action items within TPP addressing liberalisation of digital economy, and sets up the relevant goals for the member nations.</b>
<p> </p>
<p>1. <strong><a href="#1">Introduction</a></strong></p>
<p>2. <strong><a href="#2">Analysis of TPP and D2D</a></strong></p>
<p>2.1. <strong><a href="#2-1">Trans Pacific Partnership (TPP)</a></strong></p>
<p>2.2. <strong><a href="#2-2">Digital 2 Dozen (D2D)</a></strong></p>
<p>3. <strong><a href="#3">Major Criticisms of the Digital Agenda of TPP</a></strong></p>
<p>3.1. <strong><a href="#3-1">Data Protection</a></strong></p>
<p>3.2. <strong><a href="#3-2">Digital Privacy</a></strong></p>
<p>4. <strong><a href="#4">Implications of TPP for RCEP</a></strong></p>
<p>5. <strong><a href="#5">Implications of TPP in the Context of EU Safe Harbour Judgement</a></strong></p>
<p>6. <strong><a href="#6">Implications of TPP for India after US-India Cyber Relationship Agreement</a></strong></p>
<p>7. <strong><a href="#7">Conclusion</a></strong></p>
<p>8. <strong><a href="#8">Endnotes</a></strong></p>
<p>9. <strong><a href="#9">Author Profile</a></strong></p>
<hr />
<h2 id="1">1. Introduction</h2>
<p>This essay explores the concerns related to data protection and digital privacy under the Trans Pacific Partnership (TPP) agreement signed recently between United States of America and eleven countries located around the pacific ocean region, across South America, Australia, and Asia <strong>[1]</strong>. TPP is a free trade agreement (FTA) that emphasises, among other things, the need for liberalising global digital economy. The essay also analyses the critical document titled ‘Digital 2 Dozen’ (D2D), which compiles the key action items within TPP addressing liberalisation of digital economy, and sets up the relevant goals for the member nations. TPP requires the member countries to facilitate unhindered digital data flow across nations, for commercial and governmental purposes, which evidently have major implications for national and regional data protection and privacy regimes. These implications must also be seen in the context the recent judgement by the EU Court of Justice against the validity of the EU-USA data transfer agreement of 2000. Further, the essay discusses the potential impacts that TPP/D2D might have on India, in the context of the ongoing USA-India Cyber Relationship dialogue. If the privacy concerns are not raised right now TPP might act as a model framework for future FTAs which will fail to encompass proper data protection and digital privacy regime within it.</p>
<h2 id="2">2. Analysis of TPP and D2D</h2>
<h3 id="2-1">2.1. Trans Pacific Partnership (TPP)</h3>
<p>Trans Pacific Partnership (TPP) is a large multi-partner free trade agreement amongst twelve Asia-Pacific countries, which is closely led by geo-political and economic strategies of the USA. Countries started the negotiation of TPP in 2008 when USA joined Pacific Four (P-4) negotiations and in 2015 negotiations of TPP was concluded and text was released. Ministers from the member countries signed the agreement on February 4, 2016 <strong>[2]</strong>. The main aim of TPP is to liberalise trade and investment beyond what is provided for within the WTO. It is also considered to be a strategic move by the US to counter the trade linkages that are being established in the Asian region. TPP largely covers topics of market access, and rules on various related issues such as intellectual property rights, labour laws, and environment standards <strong>[3]</strong>.</p>
<p>Between 1992 -2012 there has been an upsurge in bilateral trade agreements being signed in Asia from 25 to 103 and the effect of these FTAs is called the ‘noodle bowl effect’. TPP is seen as framework which will replace these FTAs which are causing the ‘noodle bowl effect’.While these FTAs are being replaced but with TPP being signed there are various bilateral arrangements signed along with TPP. USA has also stated that TPP will not affect the already existing NAFTA <strong>[4]</strong>. While TPP is being concluded there is another free trade agreement being negotiated between USA and EU , which is Trans Trade and Investment Partnership (TTIP). Both TPP and TTIP and are considered to be serving similar objective which is to deal with new and modern trade issues. Also both the agreements are US led and since negotiation for TPP are now finalised it may have a significant impact on TTIP <strong>[5]</strong>.</p>
<p>TPP is one of the first document which deals specifically with digital economy and applies across borders. The main aims of TPP are to promote free flow of data across borders without data localisation. It aims to remove national clouts and regional internets. It also includes provisions to combat theft of trade secrets. It allows you to create transparent regulatory process with inputs from various stakeholders. It also aims to provide access to tools and procedures for conduct of e-commerce <strong>[6]</strong>.</p>
<p>Some of the major criticism to TPP were regarding the issues related to <strong>[7]</strong>:</p>
<ul><li>environment, wherein it does not address the issue of climate change and the language used in the agreement is very weak;</li>
<li>labour rights provision mandates parties to adhere to the ILO provision but it does not seem to provide for effective framework and might not bring the desired change;</li>
<li>investment chapter is seen to be controversial because of the investor state dispute settlement clause which will allow foreign investor to sue government over policies that might cause harm to them;</li>
<li>e-commerce and telecommunication chapter raises major privacy concerns;</li>
<li>intellectual property chapter wherein it includes controversial rules regarding pharmaceutical companies and data exclusivity apart from the privacy concerns.</li></ul>
<h3 id="2-2">2.2 Digital 2 Dozen (D2D)</h3>
<p>D2D is set of rules and aims which is specifically drafted to be followed for the trade agreements related to open internet and digital economy. More specific aims of TPP as provided within the ‘Digital 2 Dozen,’ aiming for more liberalised trade in digital goods and services, are <strong>[8]</strong>:</p>
<ul><li>promoting free and open internet,</li>
<li>prohibiting digital custom duties,</li>
<li>securing basic non-discrimination principles,</li>
<li>enabling cross-border data flows,</li>
<li>preventing localization barriers,</li>
<li>barring forced technology transfers,</li>
<li>advancing innovative authentication methods,</li>
<li>delivering enforceable consumer protections,</li>
<li>safeguarding network competition,</li>
<li>fostering innovative encryption products, and</li>
<li>building an adaptable framework.</li></ul>
<p>Strategic goal of the US in introducing D2D as goals of TPP has been to set up a trend within Asian region for all the trade agreements. It is expected to ensure that if TPP is a success, similar goals and policy frameworks will be followed for other trade agreements as we. For example, the USA-India partnership also enshrines similar aims and so does the USA-Korea partnership. Hence while India is not part of TPP, USA is nonetheless trying to get India into a partnership which is similar to the TPP. The language proposed by the USA in TPP negotiations has always been supportive for cross border data flows as it claims that companies have mechanism to keep a privacy check and privacy would not be undermined, but countries like New Zealand and Australia which have strong privacy protection laws nationally have raised concerns which will be discussed in further sections <strong>[9]</strong>. Also not only in privacy rights but Digital Dozen initiative also affects other digital rights related to - excessive copyright terms TPP proposed to extend the term of copyright to hundred years which deprive access to knowledge; as in the U.S motive to give more power to private entities , the ISP obligations enumerated within TPP which puts freedom of expression and privacy at risk as ISPs are allowed to check for copyright infringement and TPP does not put any privacy restriction in this regard; introduction of new fair use rules; ban on circumvention of digital locks or DRMs; no compulsory limitation for persons with disabilities; lack of fair use for journalistic right; while net neutrality is major issue is many developing nations in Asia no effective provision for net neutrality is aimed at in the D2D initiative; prohibits open source mandates which puts barrier for countries which want to release any software as open source as a policy decision <strong>[10]</strong>.</p>
<h2 id="3">3. Major Issues Related to Data Protection and Privacy in the TPP</h2>
<h3 id="3-1">3.1. Data Protection</h3>
<p>One of the major concern raised against TPP is regarding data protection provisions that have been integrated within the E- Commerce chapter of the agreement. Article 14.11 and Article 14 .13 are the ones that deal with data flow related to consumer information.Article 14.11 in the agreement puts a requirement on the member states to allow transfer of data across border and Article 14.13 does not allow the companies to host data on local servers. Concerns were raised in few member states for instance, Australian Privacy Foundation raised concerns over Article 14.11 which requires transfers to be allowed in context of business activities of service suppliers. It claimed that exception to this provision is very narrow and the repercussion for not following the exception is that investor state dispute settlement proceedings can be initiated, which is not sufficient to protect privacy. Also, it highlighted the issue that with the narrow exception provided under Article 14.13 which relates to prohibition on data localisation, it might have adverse effect on the implementation of national privacy laws within Australia <strong>[11]</strong>.</p>
<p>Another provision which is of major concern is Article 14.13 which prohibit data localisation. It will raise problems for countries like Indonesia and China which will have to change their local laws to implement the provision <strong>[12]</strong>. Since there already has been a major concern with regard to USA- EU Safe Harbour Agreement which was later made subject to the ECJ’s ruling on data protection, which invalidated any arrangement which provides voluntary enterprises responsibility to enforce privacy. But both the USA and EU are in process of renegotiating the agreement.The major concern was that in EU data protection is a fundamental right while in USA data protection is more consumer centric. When similar concerns were raised in TPP negotiations, they were rebutted as USA claimed that FTA does not concern itself with data protection <strong>[13]</strong>.</p>
<p>In 2012 Australia proposed an alternative language to TPP which allowed countries to place restriction on data flow as long as it was not a barrier to trade. U.S responded to concerns raised by the Australia through a side letter which ensured Australia that U.S and Australia have a mutual understanding in relation to privacy and U.S will ensure the privacy of data with regards to Australia. While Australia’s concern was given acknowledgement other countries which raised similar issues were not given any assurances <strong>[14]</strong>. US instead proposed ad- hoc strategy that gave private companies power to form privacy policy with implementation through state machinery <strong>[15]</strong>.</p>
<h3 id="3-2">3.2. Digital Privacy</h3>
<p>Article 14.8 in the E- Commerce chapter of the agreement states that countries can form legal framework for the protection of rights but the kind of ‘legal framework’ is not defined. Also, nowhere it states that the privacy protection or data protection laws are expressly exempted, rather it states that any such policy implemented by member states will be put under review of TPP standards. The standards which TPP proposes to follow are based on the underlying idea that any such policy should not hinder free trade in any way. This test will be applied by tribunals which are experts in trade and investment and not on data protection or human rights <strong>[16]</strong>. While Article 14.8 provides for protection of private information of consumers but the footnote to the provision renders it ineffective. The footnote states that member countries can adopt legal framework for the protection of data which can be done by self-regulation by industry and does not provide for any comprehensive data protection obligation upon the member states <strong>[17]</strong>. Similar to this Article 13.4 of the telecommunications chapter under TPP also states that the countries can apply regulation regarding confidentiality of the messages as long as it is not “a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade in services" <strong>[18]</strong>.</p>
<p>Another chapter which raises major concerns about the privacy rights is intellectual property. It affects privacy through the provisions related to technological protective measures and the provision that regulate ISP’s liability. Regarding the TPM provision, the TPP follows the DMCA model whereby the exception to anti- circumvention provision is very narrow and does not apply to anti- trafficking provision. The exception allows user to circumvent TPM if it affect the user's privacy in any way, although this provision does not apply to ant- trafficking of TPM. The provision regarding ISP’s liability states that there should be cooperation between ISPs and rights holders and it does not prohibit ISPs to monitor its users. Also TPP proposes the notice for takedown and identification of the infringer by the ISP but this provision is not in consonance with laws of member states, like that of Peru which does not have any copyright law on ISP . Also many countries have tried to introduce proper privacy laws along with implementation of ISP liability but that is not done within the TPP <strong>[19]</strong>. TPP as whole aims to give greater power to private regulators without providing for minimum standard for protection of privacy.</p>
<p>Although TPP is not a data protection agreement but it consequently deals with various aspects of data protection, hence it is prospective model for privacy and data protection practices in future trade agreements. If positive obligations are included within the free trade agreements it will have an advancing impact on the data protection regime.</p>
<h2 id="4">4.Implications of TPP for RCEP</h2>
<p>While TPP has such lacunas similar provision are proposed in RCEP to which India is a party and which will have serious implication as many of the countries have inadequate data protection laws nationally and with the introduction of such an FTA the exploitation of privacy rights will be rampant <strong>[20]</strong>. To avoid this EU directive on data protection should be taken into consideration in the negotiations of such FTAs. But for the RCEP negotiations are still going on and in India many companies like Flipkart, Snapdeal etc. have started preparing for the changing norms. The government claims that it is going to accept best practices in the region which indicates that it is going to have same policies as that of TPP. Although people from industry have raised concerns that while there are national laws but it is difficult to check third party involvement within the business and it is becoming increasingly difficult to keep the consumer data confidential <strong>[21]</strong>.</p>
<h2 id="5">5. Implications of TPP in the Context of EU Safe-Harbour Judgement</h2>
<p>Mr. Maximillian Schrems, an Austrian National residing in Austria, has been a user of the Facebook social network since 2008. Any person residing in EU who wishes to use Facebook is required to conclude, at the time of his registration, a contract with Facebook Ireland (a subsidiary of Facebook Inc. which itself is established in Unites States). Some or all of the personal data of the Facebook Ireland’s users who residing in EU is transferred to servers belonging to Facebook Inc. that are located in United States, where it undergoes processing. On 25 June 2013 Mr Schrems made a complaint to the commissioner by which he in essence asked the latter to exercise his statutory powers by prohibiting Facebook Ireland from transferring his personal data to Unites States, and this led to the <em>Maximillian Schrems v Data Protection Commissioner</em> case <strong>[22]</strong>. He contended that in his complaint that the law and practice in force in that country did not ensure adequate protection of the personal data held in its territory against the surveillance activities that were engaged in thereby by the public authorities. Mr Schrems referred in this regard to the revelations made by Edward Snowden concerning the activities of the United States intelligence services, in particular those of the NSA.(para 26, 27, 28). The case came in the court ruled that “that a third country which ensures an adequate level of protection, does not prevent a supervisory authority of a Member State, within the meaning of Article 28 of the EU 94/46 directive as amended, from examining the claim of a person concerning the protection of his rights and freedoms in regard to the processing of personal data relating to him which has been transferred from a Member State to that third country when that person contends that the law and practices in force in the third country do not ensure an adequate level of protection. The ruling implies that personal data cannot be transferred to third country which does not provide adequate level of protection.</p>
<p>EU safe harbour judgment and EU directive on privacy provide contrasting rules related to privacy. While TPP gives power to private entities to formulate rules regarding privacy while the recent ECJ judgment invalidated giving such power to private entities under EU-US Safe Harbour Agreement. Also in context of the same judgment Hamburg’s Commissioner for Data Privacy And Freedom of Information announced an investigation into the data transfer taking place through Facebook and Google to U.S. Hence in the light of the recent judgment member states within EU are not allowed to permit cross border data flow, in contrast to this one of the main goals of TPP is to maintain free flow of data across border <strong>[23]</strong>. EU is this regard has also set forth the proposal to introduce General Data Protection Regulation. (GDPR). Although U.S and EU are trying to renegotiate the agreement but the privacy concerns raised cannot be ignored. Hence following the same model as was invalidate under the ECJ judgment lets US exploit privacy of member states under TPP. Similar concerns as raised within the judgment are also raised in India as it also following the same model within U.S-India Cyber Relationship Agreement and in RCEP negotiations.</p>
<h2 id="6">6. Implications of TPP in the context of USA-India Cyber Relationship</h2>
<p>While India is not part of TPP but it might have an effect on the U.S India Cyber Relationship Agreement. In August 2015 there was re- initiation of the India-U.S cyber dialogue to address common concerns related to cybersecurity and to develop better partnerships between public and private sector for betterment of digital economy <strong>[24]</strong>. One of the key aim of this agreement is free flow of information between two nations, which suffers from similar problem that it will put privacy of the citizens at risk. Also India does not have any bilateral treaty which ensures cyber data protection in such a scenario the only solution is data localisation, but this agreement will put data at risk <strong>[25]</strong>. Hence while the TPP negotiations were going on and also RCEP is being discussed the concerns about privacy and data protection need to be raised as mention in earlier section regarding implications of TPP on RCEP, the USA-India Cyber Relationship also faces the same implications..Although the aim of USA-India Cyber Relationship is to ensure cybersecurity. After the cases of Muzaffarnagar riots, upheaval in North -Eastern states and Gujarat riots, India has realised it is important to ensure compliance from the social media companies. India sees the USA-India Cyber Relationship as an opportunity to achieve this goal. The Google Transparency Report states that that India made around three thousand requests to Google for user data <strong>[26]</strong>, which indicate at the country's interest in having a common data understanding with the major social media companies (almost all of which are located in USA) about requesting and sharing of user activity data. While this concern is being addressed through the agreement, it is difficult to ignore the clause related to free flow of information, and if the meaning of the term is extended and adopted from TPP itself will put digital privacy of Indian citizens at risk <strong>[27]</strong>.</p>
<h2 id="7">7. Conclusion</h2>
<p>Even though TPP negotiation are completed but the ratification of the agreement is still underway. TPP is being seen as one of a kind trade agreement because it is the first time that countries across the globe have come together as a whole to address concerns of modern trade. Although it fails to address some of the key concerns related to privacy and data protection which are becoming increasingly important. Data protection and privacy issues cannot be seen in isolation and needs to merged within the modern day trade agreements. The D2D component by the USA is strategic move to have trade dominance in Asia and to compete with China’s growth . TPP has privacy and data protection lacunae within the e- commerce , telecommunications and intellectual property discussion.Although it might have serious implications on RCEP negotiation and USA- India Cyber Relationship Dialogue. Similar concern regarding data protection has already been addressed by ECJ judgment invalidating USA-EU Safe Harbour Agreement but the similar ad - hoc strategy has been incorporated within TPP. Since TPP might be considered as best practice model for future FTAs in the Asian region it is important to raise and address these privacy concerns now.</p>
<h2 id="8">8. Endnotes</h2>
<p><strong>[1]</strong> The signatory countries include Australia, Canada, Japan, Malaysia, Mexico, Peru, United States of America, Vietnam, Chile, Brunei, Singapore, New Zealand. "The Trans-Pacific Partnership,"
<a href="http://www.ustr.gov/tpp">http://www.ustr.gov/tpp</a> (last visited Jul 7, 2016).</p>
<p><strong>[2]</strong> "The Origins and Evolution of the Trans-Pacific Partnership (TPP)," Global Research, <a href="http://www.globalresearch.ca/the-origins-and-evolution-of-the-trans-pacific-partnership-tpp/5357495">http://www.globalresearch.ca/the-origins-and-evolution-of-the-trans-pacific-partnership-tpp/5357495</a> (last visited Jul 7, 2016).</p>
<p><strong>[3]</strong> Fergusson, Ian F., Mark A. McMinimy & Brock R. Williams, "The Trans-Pacific Partnership (TPP): In Brief," (2015), <a href="http://digitalcommons.ilr.cornell.edu/key_workplace/1477/">http://digitalcommons.ilr.cornell.edu/key_workplace/1477/</a> (last visited Jul 1, 2016).</p>
<p><strong>[4]</strong> Gajdos, Lukas, <em>The Trans-Pacific Partnership and its impact on EU trade</em>, Policy Department, Directorate-General for External Policies, Policy Briefing (2013), <a href="http://www.europarl.europa.eu/RegData/etudes/briefing_note/join/2013/491479/EXPO-INTA_SP(2013)491479_EN.pdf">http://www.europarl.europa.eu/RegData/etudes/briefing_note/join/2013/491479/EXPO-INTA_SP(2013)491479_EN.pdf</a>.</p>
<p><strong>[5]</strong> Twining, Daniel, Hans Kundnani & Peter Sparding, <em>Trans-Pacific Partnership: geopolitical implications for EU-US relations</em>, Policy Department, Directorate-General for External Policies, June 24 (2016), <a href="http://www.europarl.europa.eu/RegData/etudes/STUD/2016/535008/EXPO_STU(2016)535008_EN.pdf">http://www.europarl.europa.eu/RegData/etudes/STUD/2016/535008/EXPO_STU(2016)535008_EN.pdf</a>.</p>
<p><strong>[6]</strong> USTR, "Remarks by Deputy U.S. Trade Representative Robert Holleyman to the New Democrat Network," <a href="https://ustr.gov/about-us/policy-offices/press-office/speechestranscripts/2015/may/remarks-deputy-us-trade">https://ustr.gov/about-us/policy-offices/press-office/speechestranscripts/2015/may/remarks-deputy-us-trade</a> (last visited Jul 4, 2016).</p>
<p><strong>[7]</strong> Murphy, Katharine, "Trans-Pacific Partnership: four key issues to watch out for," The Guardian, November 6, 2015, <a href="https://www.theguardian.com/business/2015/nov/06/trans-pacific-partnership-four-key-issues-to-watch-out-for">https://www.theguardian.com/business/2015/nov/06/trans-pacific-partnership-four-key-issues-to-watch-out-for</a> (last visited Jul 7, 2016).</p>
<p><strong>[8]</strong> USTR, "The Digital 2 Dozen" (2016), <a href="https://ustr.gov/sites/default/files/Digital-2-Dozen-Final.pdf">https://ustr.gov/sites/default/files/Digital-2-Dozen-Final.pdf</a> (last visited Jul 1, 2016).</p>
<p><strong>[9]</strong> Fergusson, Ian F.m Mark A. McMinimy & Brock R. Williams, "The Trans-Pacific Partnership (TPP) negotiations and issues for congress," (2015), <a href="http://digitalcommons.ilr.cornell.edu/key_workplace/1412/">http://digitalcommons.ilr.cornell.edu/key_workplace/1412/</a> (last visited Jul 8, 2016).</p>
<p><strong>[10]</strong> "How the TPP Will Affect You and Your Digital Rights," Electronic Frontier Foundation (2015), <a href="https://www.eff.org/deeplinks/2015/12/how-tpp-will-affect-you-and-your-digital-rights">https://www.eff.org/deeplinks/2015/12/how-tpp-will-affect-you-and-your-digital-rights</a> (last visited Jul 7, 2016).</p>
<p><strong>[11]</strong> Australian Privacy Foundation (APF), <em>Trans Pacific Partnership Agreement</em> (2016), <a href="https://www.privacy.org.au/Papers/Parlt-TPP-160310.pdf">https://www.privacy.org.au/Papers/Parlt-TPP-160310.pdf</a>.</p>
<p><strong>[12]</strong> Greenleaf, Graham, "The TPP & Other Free Trade Agreements: Faustian Bargains for Privacy?," SSRN (2016), <a href="http://papers.ssrn.com/sol3/Papers.cfm?abstract_id=2732386">http://papers.ssrn.com/sol3/Papers.cfm?abstract_id=2732386</a> (last visited Jul 1, 2016).</p>
<p><strong>[13]</strong> "GED-Project: Transatlantic Data Flows and Data Protection," GED Blog (2015), <a href="https://ged-project.de/topics/competitiveness/transatlantic-data-flows-and-data-protection-the-state-of-the-debate/">https://ged-project.de/topics/competitiveness/transatlantic-data-flows-and-data-protection-the-state-of-the-debate/</a> (last visited Jul 1, 2016).</p>
<p><strong>[14]</strong> Geist, Michael, "The Trouble with the TPP, Day 14: No U.S. Assurances for Canada on Privacy," (2016), <a href="http://www.michaelgeist.ca/2016/01/the-trouble-with-the-tpp-day-14-no-u-s-assurances-for-canada-on-privacy/">http://www.michaelgeist.ca/2016/01/the-trouble-with-the-tpp-day-14-no-u-s-assurances-for-canada-on-privacy/</a> (last visited Jul 4, 2016).</p>
<p><strong>[15]</strong> Aaronson, Susan Ariel, "What does TPP mean for the Open Internet?" From <em>Policy Brief on Trade Agreements and Internet Governance Prepared for the Global Commission on Internet Governance</em> (2015), <a href="https://www.gwu.edu/~iiep/events/DigitalTrade2016/TPPPolicyBrief.pdf">https://www.gwu.edu/~iiep/events/DigitalTrade2016/TPPPolicyBrief.pdf</a> (last visited Jul 5, 2016).</p>
<p><strong>[16]</strong> Lomas, Natasha, "TPP Trade Agreement Slammed For Eroding Online Rights," TechCrunch, <a href="http://social.techcrunch.com/2015/11/05/tpp-vs-privacy/">http://social.techcrunch.com/2015/11/05/tpp-vs-privacy/</a> (last visited Jun 30, 2016).</p>
<p><strong>[17]</strong> "Q&A: The Trans-Pacific Partnership," Human Rights Watch (2016), <a href="https://www.hrw.org/news/2016/01/12/qa-trans-pacific-partnership">https://www.hrw.org/news/2016/01/12/qa-trans-pacific-partnership</a> (last visited Jul 1, 2016).</p>
<p><strong>[18]</strong> "TPP Full Text Released," People Over Politics (2015), <a href="http://peopleoverpolitics.org/2015/11/07/tpp-just-as-bad-as-you-thought/">http://peopleoverpolitics.org/2015/11/07/tpp-just-as-bad-as-you-thought/</a> (last visited Jul 7, 2016).</p>
<p><strong>[19]</strong> "Right to Privacy in Trans-Pacific Partnership (TPP ) Negotiations," Knowledge Ecology International, <a href="http://keionline.org/node/1164">http://keionline.org/node/1164</a> (last visited Jul 1, 2016).</p>
<p><strong>[20]</strong> Asian Trade Centre, "E-Commerce and Digital Trade Proposals for RCEP (2016)," <a href="http://static1.squarespace.com/static/5393d501e4b0643446abd228/t/575a654c86db438e86009fa1/1465541967821/RCEP+E-commerce+June+2016.pdf">http://static1.squarespace.com/static/5393d501e4b0643446abd228/t/575a654c86db438e86009fa1/1465541967821/RCEP+E-commerce+June+2016.pdf</a> (last visited Jul 1, 2016).</p>
<p><strong>[21]</strong> "E-commerce companies like Flipkart, Snapdeal to beef up data security to meet RCEP norms," The Economic Times, <a href="http://economictimes.indiatimes.com//articleshow/49068419.cms">http://economictimes.indiatimes.com//articleshow/49068419.cms</a> (last visited Jul 1, 2016).</p>
<p><strong>[22]</strong> ECLI:EU:C:2015:650 (C -362/14)</p>
<p><strong>[23]</strong> King et al., "Privacy law, cross-border data flows, and the Trans Pacific Partnership Agreement: what counsel need to know," Lexology, <a href="http://www.lexology.com/library/detail.aspx?g=b5c0b400-8161-4439-a4b7-131552ad5209">http://www.lexology.com/library/detail.aspx?g=b5c0b400-8161-4439-a4b7-131552ad5209</a> (last visited Jul 4, 2016).</p>
<p><strong>[24]</strong> "U.S.-India Business Council Applauds Resumption of Cybersecurity Dialogue," U.S.-India Business Council (2015), <a href="http://www.usibc.com/press-release/us-india-business-council-applauds-resumption-cybersecurity-dialogue">http://www.usibc.com/press-release/us-india-business-council-applauds-resumption-cybersecurity-dialogue</a> (last visited Jul 5, 2016).</p>
<p><strong>[25]</strong> Sukumar, Arun Mohan, "India Is Coming up Against the Limits of Its Strategic Partnership With the United States," The Wire (2016), <a href="http://thewire.in/40403/india-is-coming-up-against-the-limits-of-its-strategic-partnership-with-the-united-states/">http://thewire.in/40403/india-is-coming-up-against-the-limits-of-its-strategic-partnership-with-the-united-states/</a> (last visited Jul 4, 2016).</p>
<p><strong>[26]</strong> Countries – Google Transparency Report, <a href="https://www.google.com/transparencyreport/userdatarequests/countries/">https://www.google.com/transparencyreport/userdatarequests/countries/</a> (last visited Jul 8, 2016).</p>
<p><strong>[27]</strong> Sukumar, Arun Mohan, "A case for the Net’s Ctrl+Alt+Del," The Hindu, September 5, 2015, <a href="http://www.thehindu.com/opinion/op-ed/a-case-for-the-nets-ctrlaltdel/article7616355.ece">http://www.thehindu.com/opinion/op-ed/a-case-for-the-nets-ctrlaltdel/article7616355.ece</a> (last visited Jul 5, 2016).</p>
<h2 id="9">9. Author Profile</h2>
<p><strong>Shubhangi Heda</strong> is a Student of Jindal Global Law School, O.P Jindal Global University. She has completed her fourth year. She gives due importance to popular culture in her life and loves to read fiction and like to watch TV-shows, her favorite being 'White Collar'.</p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/tpp-and-d2-implications-for-data-protection-and-digital-privacy'>https://cis-india.org/internet-governance/blog/tpp-and-d2-implications-for-data-protection-and-digital-privacy</a>
</p>
No publisherShubhangi HedaTrans Pacific PartnershipPrivacyFree Trade AgreementDigital EconomyInternet GovernanceData Protection2016-07-12T07:56:24ZBlog EntryThe soon-to-be launched Aadhaar Pay will let you make purchases using your fingerprint
https://cis-india.org/internet-governance/news/economic-times-indulekha-aravind-january-15-2017-the-soon-to-be-launched-aadhaar-pay-will-let-you-make-purchases-using-your-fingerprint
<b>Paying for your groceries and other goods by using your biometrics instead of an e-wallet, debit card or cash seems to be the next phase in the Centre’s ambitious push to shift the country to a “less cash” economy, as its mandarins term it.</b>
<p style="text-align: justify; ">The article by Indulekha Aravind was <a class="external-link" href="http://economictimes.indiatimes.com/news/economy/policy/the-soon-to-be-launched-aadhaar-pay-will-let-you-make-purchases-using-your-fingerprint/articleshow/56542475.cms">published in the Economic Times</a> on 15 January 2017. Sunil Abraham was <a class="external-link" href="http://economictimes.indiatimes.com/et-now/experts/sunil-abraham-on-aadhaars-misuse-during-demonetisation/videoshow/56544492.cms">consulted for this</a>.</p>
<hr />
<p style="text-align: justify; "> </p>
<p style="text-align: justify; ">Ajay Bhushan Pandey, CEO of the Unique Identification Authority of India (UIDAI), says it will be rolling out Aadhaar-enabled payment system, or Aadhaar Pay, for merchants in the next few weeks. This will be an app for merchants that enables them to receive payments through biometric authentication of the customer, provided their bank accounts are linked to their Aadhaar number. "A pilot is under way in fair price shops in Andhra Pradesh where shopkeepers are accepting payments from PDS beneficiaries. The results are very encouraging," says Pandey.</p>
<p style="text-align: justify; ">The idea takes off from the existing Aadhaar-enabled payment system (AEPS) used by bank business correspondents (BCs) in rural areas to disburse and accept cash, using micro ATMs. "We are trying to tweak this so that a similar device can be used by a local merchant," says Pandey. Adoption will depend on two factors: merchants’ acceptance of it and whether they can use an app rather than a micro ATM. The biggest advantage through this method of payment, says Pandey, is that the customer will not need a credit or debit card, or even a smartphone.</p>
<p style="text-align: justify; "><img alt="The soon-to-be launched Aadhaar Pay will let you make purchases using your fingerprint" class="gwt-Image" src="http://img.etimg.com/photo/56542603/page-19-1.jpg" title="The soon-to-be launched Aadhaar Pay will let you make purchases using your fingerprint" /></p>
<p style="text-align: justify; ">The limits for transactions using AEPS, such as the number of daily transactions, will be left to the discretion of the banks. In the long term, the AEPS will be migrated to the BHIM (Bharat Interface for Money) platform but the rollout of Aadhaar Pay will happen before that. Post demonetisation, banking BC’s number of transactions using AEPS has leapt from 4-5 lakh to 14-15 lakh, says Pandey. According to Reserve Bank of India data on electronic payment systems, the total volume of such transactions jumped from 671 million in November 2016 to 957 million in December. USSD-based payments, which can be done using a basic feature phone, are among the biggest beneficiaries: the volume rose from just 7,000 in November to 1,02,000 in December, and value of transactions from over Rs 7,000 to over Rs 1 lakh. Prepaid payment instruments — mainly mobile wallets — rose from 59 million to 88 million in the same period (and value from Rs 1,300 crore to Rs 2,100 crore).</p>
<p style="text-align: justify; ">While Aadhaar Pay is likely to ride the demonetisation wave if it is launched soon, certain concerns remain, as the list is how secure such a payment system will be. The UIDAI CEO says it is a paramount concern for the organisation, too. "We are using the latest technology to ensure the information stays encrypted end to-end, so that information is not leaked or misused. In the months to come, we will strengthen the security."</p>
<p style="text-align: justify; "><b>Wary About Security</b> <br /> Sunil Abraham, executive director of the Centre for Internet and Society, a think tank that has been analysing the Aadhaar project for six years, outlines several reasons why Aadhaar-based biometrics is inappropriate for authentication in payments, unlike card-based payments that use cryptography. <br /> <br /> "With biometrics, there is always an error ratio. It is imprecise matching, whereas with cryptography (smart cards), there is no false positive or negative. You either have the key (PIN) or you don’t. It is also very cheap to defeat biometric authentication — even an unlettered person can do it," says Abraham. It would be easy enough, he says, to replicate someone else’s fingerprint by pressing it against lukewarm wax and filling the mould with glue to get a dummy finger. In contrast, compromising a smart card requires more cost and effort, from tech-savviness to machines such as a skimmer that will read the card. "And once you are compromised,you are compromised forever. You can’t change it, like a debit card PIN."</p>
<p style="text-align: justify; ">Using Aadhaar for authentication had proved to be a failure during the exchange of currency notes following demonetisation, he adds, pointing to how the poor and the middle class stood in queues for money while stacks of new currency were recovered from the homes of businessmen and bureaucrats. "When you have bank officials who are corrupt, giving them your biometrics is giving them more ammunition for corruption." To catch the criminals, law enforcement agencies had to resort to CCTV footage,a relatively older technology, he says. Others point out that while it may be secure, certain factors stand in the way of making biometrics-based payment authentication a large-scale success. Amrish Rau, CEO of PayU India, a payment gateway provider, cites a list of reasons why it would inevitably take off but only in 5-10 years.</p>
<p style="text-align: justify; ">"For one, the technology is not yet good enough. There are also bandwidth and data constraints in sending biometric data," says Rau. Even in more mature markets, it has yet to find widespread acceptance, he says, pointing to the slow adoption of Apple Pay and Samsung Pay in the US. "It’s not the answer today.” This is in contrast to NITI Aayog CEO Amitabh Kant’s recent remarks that cards and PoS machines would become redundant by 2020 because Indians would be making payments using their thumb (biometrics). "... my view is that in the next two and a half years, India will make all its debit cards, credit cards, all ATM machines, all PoS machines totally irrelevant,” Kant had said at a Pravasi Bharatiya Divas session in Bengaluru.</p>
<div style="text-align: justify; ">UIDAI’s Pandey is more circumspect. “I wouldn’t say who would replace what. But from the government’s side we are encouraging all modes of digital payment. India has a diverse population and some people might prefer using a card, others a wallet. Collectively, they will contribute to a less-cash society.”</div>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/news/economic-times-indulekha-aravind-january-15-2017-the-soon-to-be-launched-aadhaar-pay-will-let-you-make-purchases-using-your-fingerprint'>https://cis-india.org/internet-governance/news/economic-times-indulekha-aravind-january-15-2017-the-soon-to-be-launched-aadhaar-pay-will-let-you-make-purchases-using-your-fingerprint</a>
</p>
No publisherpraskrishnaDemonetisationDigital PaymentDigital GovernanceDigital EconomyPrivacyInternet GovernanceDigital MoneyVideoAadhaarBiometrics2017-01-16T03:14:22ZNews ItemThe Competition Law Case Against Whatsapp’s 2021 Privacy Policy Alteration
https://cis-india.org/internet-governance/blog/the-competition-law-case-against-whatsapp2019s-2021-privacy-policy-alteration
<b>Having examined the privacy implications of Whatsapp's changes to its privacy policy in 2021, this issue brief is the second output in our series examining the effects of those changes. This brief examines the changes in the context of data sharing between Whatsapp and Facebook as being an anticompetitive action in violation of the Indian Competition Act, 2002. </b>
<span id="docs-internal-guid-2e4a5c52-7fff-f416-6970-948314f0b524">
<p style="text-align: justify;" dir="ltr"> </p>
<h3 style="text-align: justify;">Executive Summary</h3>
<p style="text-align: justify;" dir="ltr">On January 4, 2021, Whatsapp announced a revised privacy policy through an in-app notification. It highlighted that the new policy would impact user interactions with business accounts, including those which may be using Facebook's hosting services. The updated policy presented users with the option of either accepting greater data sharing between Whatsapp and Facebook or being unable to use the platform post 15th May, 2021. The updated policy resulted in temporarily slowed growth for Whatsapp and increased growth for other messaging apps like Signal and Telegram. While Whatsapp has chosen to delay the implementation of this policy due to consumer outrage, it is important for us to unpack and understand what this (and similar policies) mean for the digital economy, and its associated competition law concerns. Competition law is one of the sharpest tools available to policy-makers to fairly regulate and constrain the unbridled power of large technology companies.</p>
<p style="text-align: justify;" dir="ltr">While it is evident the Indian competition landscape will benefit from revisiting the existing law and policy framework to reign in Big technology companies, we argue that the change in Whatsapp’s privacy policy in 2021 can be held anti-competitive using legal provisions as they presently stand. Therefore, in this issue brief, we largely limit ourselves to evaluating the legality of Whatsapp’s privacy policy within the confines of the present legal system. </p>
<p style="text-align: justify;" dir="ltr">First, we dive into an articulation of the present abuse of dominance framework in Indian Competition Law. Second, we analyze whether there was abuse of dominance-bearing in mind an economic analysis of Whatsapp’s role in the relevant market by using tests laid out in previous rulings of the CCI</p>
<br />
<p style="text-align: justify;" dir="ltr">The framework for determining abuse of dominance as per The Competition Act is based on three factors:</p>
<p style="text-align: justify;" dir="ltr">1. Determination of relevant market</p>
<p style="text-align: justify;" dir="ltr">2. Determination of dominant position</p>
<p style="text-align: justify;" dir="ltr">3. Abuse of the dominant position</p>
<br />
<p style="text-align: justify;" dir="ltr">In two previous orders in 2016 and 2020, CCI has held that Whatsapp is dominant in its relevant market based on several factors which we explore. These include:</p>
<ol><li style="list-style-type: decimal;" dir="ltr">
<p style="text-align: justify;" dir="ltr">Advantage in user base, usage and reach,</p>
</li><li style="list-style-type: decimal;" dir="ltr">
<p style="text-align: justify;" dir="ltr">Barriers to entry for other competitors</p>
</li><li style="list-style-type: decimal;" dir="ltr">
<p style="text-align: justify;" dir="ltr">Power of acquisition over competitors.</p>
</li></ol>
<br />
<p style="text-align: justify;" dir="ltr">However, in both orders, CCI held that Whatsapp did not abuse its dominance by arguing that the practices in question allowed for user choice. We critique these judgments for not reflecting the market structures and exploitative practices of large technology companies. We also argue that even if we use the test of user choice laid down by the CCI in its previous orders concerning Whatsapp and Facebook, the changes made to the privacy policy in 2021 did abuse dominance,and should be held guilty of violating competition law standards.</p>
<p style="text-align: justify;" dir="ltr">Our analysis revolves around examining the explicit and implicit standards of user choice laid out by the CCI in its 2016 and 2020 judgements as the standard for evaluating fairness in an Abuse of Dominance claim.We demonstrate how the 2021 changes failed to meet these standards. </p>
<p style="text-align: justify;" dir="ltr">Finally, we conclude by noting that the present case offers a crucial opportunity for India to take a giant step forward in its regulation of big tech companies and harmonise its rulings with regulatory developments around the world.</p>
<p style="text-align: justify;" dir="ltr">The full issue brief can be found <a href="https://cis-india.org/internet-governance/whatsapp-privacy-policy-2021-issue-brief-competition-law">here</a></p>
<div> </div>
<p style="text-align: justify;" dir="ltr"> </p>
<p style="text-align: justify;" dir="ltr"> </p>
<div> </div>
</span>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/the-competition-law-case-against-whatsapp2019s-2021-privacy-policy-alteration'>https://cis-india.org/internet-governance/blog/the-competition-law-case-against-whatsapp2019s-2021-privacy-policy-alteration</a>
</p>
No publisherAman Nair and Arindrajit BasuConsumer RightsDigital EconomyData ProtectionFacebookCompetitionWhatsAppCompetition Law2021-03-24T16:12:09ZBlog EntrySurvey of Estimates of Economic Value of Open Government Data
https://cis-india.org/openness/survey-of-estimates-of-economic-value-of-open-government-data
<b>This is a survey of estimates of economic value of open government data, and public sector information in general, across regions, countries, and sectors offered by several reports published during the last decade. The survey is undertaken by Ömer Faruk Sarı, a student of Business Administration at Koc University in Istanbul, Turkey, and research intern with CIS. </b>
<p> </p>
<h2>Introduction</h2>
<p>This is a survey of economic value estimates of open government data, and public sector information in general, by consultancy groups and government bodies across the world. The first part of the post lists estimates from different regions and countries, while the second part collects estimates for different sectors. Major reports surveyed in this study include the 'MEPSIR: Measuring European Public Sector Information Resources' report (2006), 'The Value of Spatial Information' report by ACIL Tasman (2008), 'Review of Recent Studies on PSI Re-Use and Related Market Developments' report by Graham Vickery (2012), 'Market Assessment of Public Sector Information' report by Deloitte (2013), 'Open Data: Unlocking Innovation and Performance with Liquid Information' by McKinsey (2013), 'Big and Open Data in Europe: A Growth Engine or a Missed Opportunity?' by Warsaw Institute for Economic Studies (2014), and 'Open for Business: How Open Data can Help Achieve the G20 Growth Target' report by Omidyar Network (2014).</p>
<p><strong>Note about Exchange Rate:</strong>The monetary values stated in these reports vary by years and currencies. The original estimates are mentioned in the currency concerned followed by the converted amount in US Dollar (using exchange rate of the same year) provided within brackets. The exchange rates concerned are mentioned at the bottom of the post.</p>
<p> </p>
<h2>Countries and Regions</h2>
<h3>Global</h3>
<p>McKinsey estimates global economic value of open data as USD 3.2 Trillion for seven sectors - Education, Transportation, Consumer Products, Electricity, Oil and Gas, Healthcare, and Consumer Finance. [1]</p>
<h3>European Union</h3>
<p>Pira International Ltd. et al, in 2000, estimated the monetary value of open data for EU countries as EUR 68 Billion (USD 76 Billion). [2]</p>
<p>Zangenberg and Company, estimated this number for EU countries as for minimum EUR 29 Billion (USD 38 Billion) and for an upper limit of EUR 143 Billion (USD 188 Billion). [3]</p>
<p>The Warsaw Institute for Economic Studies (WISE Institute) estimates the economic value of open data in EU, as increase in GDP by 2020, as EUR 206 Billion (USD 253 Billion). [4]</p>
<p>Graham Vickery estimated this number as EUR 200 Billion (USD 264 Billion) in 2012. [5]</p>
<p>In 2006, MEPSIR, in their report for European Commission, mentioned EUR 27 Billion (USD 36 Billion) could be gained by use of open data. [6]</p>
<p>McKinsey, in their report in 2013, estimated the monetary value of open data for EU countries as USD 900 Billion. [1]</p>
<iframe src="http://ajantriks.github.io/cis/charts/2015.08_open-data-value-eu/index.html" frameborder="0" height="300" width="700"></iframe>
<h3>G20</h3>
<p>For G20 countries taken together, Omidyar Network estimates the economic value of open data as USD 2.6 Trillion. [7]</p>
<h3>Australia</h3>
<p>Omidyar Network, in their study on business value of open data, estimated the potential of open data for Australia as AUD 3.4 Billion (USD 2.8 Billion). [7]</p>
<p>In 2008, ACIL Tasman estimated the potential economic value of open data for Australia as AUD 1.4 Billion (USD 938 Million). [8]</p>
<p>John Houghton's estimation for the monetary value of open data is AUD 195 Million (USD 197 Million). [9]</p>
<h3>Denmark</h3>
<p>Zangenberg and Company, in 2011, estimated the economic value of open data for Denmark as DKK 520 Million (USD 92 Million). [3]</p>
<h3>France</h3>
<p>SerdaLAB, in 2009, estimated EUR 1.57 Billion (USD 2.3 Billion) can be gained by open data in France. [10]</p>
<h3>Germany</h3>
<p>In 2011, Dr, Martin Fornefeld et al estimated the economic value of open data for Germany as EUR 1.7 Billion (USD 2.2 Billion), only for geo-information. [11]</p>
<p>The POPSIS study estimated this number as EUR 3.2 Million (USD 4.2 Million), in the same year, 2011. [12]</p>
<h3>Norway</h3>
<p>Graham Vickery's report mentions the potential value of open data as NOK 260 Million (USD 43 Million). [5]</p>
<h3>Spain</h3>
<p>The Proyecto Aporta (Spanish open data portal project) study estimated the economic value of the infomediary sector in Spain as EUR 330-550 Million (USD 452-753 Million), in 2012. [13]</p>
<h3>The Netherlands</h3>
<p>In 2011, the POPSIS study estimated the economic potential that can be gained from open data in Netherlands as EUR 78 Million (USD 102 Million). [12]</p>
<h3>United Kingdom</h3>
<p>Deloitte, in their report, estimated the value of open data as GBP 6.2-7.2 Billion (USD 10-11.8 Billion) for United Kingdom. [14]</p>
<p>Rufus Pollock, in 2011, estimated GBP 4.5-6 Billion (USD 7-9.3 Billion) that can be unlocked by use of open data. [15]</p>
<p>Dot-Econ's estimation for monetary value of open data in United Kingdom is EUR 590 Million (USD 778 Million). [16]</p>
<h3>United States</h3>
<p>McKinsey's estimation, in 2013, for the value that can be unlocked by open data in United States is quite remarkable at USD 1.1 Trillion. [1]</p>
<p>Pira International Ltd. et al, in 2000, estimated the value as EUR 750 Billion (USD 838 Billion). [2]</p>
<p> </p>
<h2>Data Types and Sectors</h2>
<h3>Consumer Finance</h3>
<p>McKinsey estimates USD 210-280 Billion, globally, for the consumer finance sector. [1]</p>
<p><strong>Based on McKinsey's Report:</strong> The estimate for G20 countries is USD 169 Billion; for Australia, the estimate is AUD 4.2 Billion (USD 4.3 Billion).</p>
<h3>Consumer Products</h3>
<p>Across the globe, with the use of open data McKinsey estimates USD 520-1470 Billion can be generated from services of consumer products. [1]</p>
<p><strong>Based on McKinsey's Report:</strong> G20 countries, in total, have a potential value of USD 419 Billion for this sector; the value is estimated at AUD 10 Billion (USD 10.2 Billion) for Australia.</p>
<h3>Education</h3>
<p>McKinsey estimates that USD 890-1180 Billion can be generated alone in education sector, across the globe. [1]</p>
<p><strong>Based on McKinsey's Report:</strong> Open data in the education sector in G20 countries can generate USD 717 Billion; for Australia, value of open data in education sector is estimated to be AUD 14 Billion (USD 14.2 Billion).</p>
<h3>Electricity</h3>
<p>McKinsey estimates USD 340-580 Billion, across the globe. [1]</p>
<p><strong>Based on McKinsey's Report:</strong> For electricity sector, USD 193 Billion is estimated for G20 countries; estimate for Australia for electricity sector depending on open data is AUD 6.7 Billion (USD 6.8 Billion).</p>
<h3>Geospatial Data</h3>
<p>Dr. Nam D. Pham estimates the potential value of Geo-spatial information in US as USD 96 Billion. [17]</p>
<p>In the report by Pira International Limited et al, the economic value of geo-spatial information in EU estimated as EUR 36 Billion (USD 40 Billion). [2]</p>
<p>Fornefeld et al estimates the value of geo-spatial information in Germany as EUR 1.7 Billion (USD 2.2 Billion). [11]</p>
<p>The POPSIS study estimates the economic value of Meteorological data re-use market in Netherlands as EUR 10 Million (USD 13 Million). [12]</p>
<p>Graham Vickery estimates (in 2012) NOK 72 Million (USD 12 Million) can be generated in Norway through geo-spatial information. [5]</p>
<p>The Proyecto Aporta study estimates potential value of geo-spatial information in Spain as EUR 183 Million (USD 240 Million). [13]</p>
<p>ACIL Tasman in their report, estimated that as a direct result of the uptake of spatial technologies New Zealand’s real GDP increased by NZD 1.2 Billion (USD 670 Million) in 2008 through productivity-related gains as a result of the increasing adoption of modern spatial information technologies since 1995. [8]</p>
<p>In the United Kingdom, a 'supply-side' assessment estimated the market size and growth potential for geographic information (GI) products and services. The market size in year 2007 was estimated to be GBP 657 Million (USD 1.32 Billion). [18]</p>
<p>Based on PwC's study in 2010, John Houghton estimates the value of spatial data in Australia as AUD 25 Million (USD 25.3 Million). [9]</p>
<p>Ordnance Survey of UK estimates the economic value of open data published by the same agency as GBP 2.9-6.1 Million (USD 4.5-9.5 Million). [19]</p>
<iframe src="http://ajantriks.github.io/cis/charts/2015.08_open-geo-data-value/index.html" frameborder="0" height="400" width="700"></iframe>
<h3>Healthcare</h3>
<p>Globally, USD 300-450 Billion is the estimate of McKinsey, depending on open data use in healthcare sector.[1]</p>
<p><strong>Based on McKinsey's Report:</strong> Open data in the healthcare sector can generate USD 242 Billion for G20 countries; estimate for Australia is AUD 5.9 Billion (USD 6 Billion).</p>
<h3>Oil and Gas</h3>
<p>McKinsey estimates USD 240-510 Billion that can be generated through open data for the oil and gas sector, across the globe. [1]</p>
<p><strong>Based on McKinsey's Report:</strong> Oil and gas sector, with the use of open data, can generate USD 169 Billion for G20 countries; the value for Australia is estimated to generate AUD 4.8 Billion (USD 4.9 Billion).</p>
<h3>Transportation</h3>
<p>McKinsey estimates the value of transportation sector with the use of open data as USD 720-920 Billion for the transportation sector, globally. [1]</p>
<p><strong>Based on McKinsey's Report:</strong> G20 countries altogether can generate USD 580 Billion in transportation sector; estimate of the value of open data in the transportation sector in Australia is AUD 18 Billion (USD 18.2 Billion).</p>
<p> </p>
<h2>Reference</h2>
<p>[1] Manyika, James, et al. 2013. Open Data: Unlocking Innovation and Performance with Liquid Information. McKinsey Global Institute. October. Accessed from <a href="http://www.mckinsey.com/insights/business_technology/open_data_unlocking_innovation_and_performance_with_liquid_information">http://www.mckinsey.com/insights/business_technology/open_data_unlocking_innovation_and_performance_with_liquid_information</a>.</p>
<p>[2] Pira International Ltd. et al. 2000. Commercial exploitation of Europe’s Public Sector Information - Executive Summary. European Commission, Brussels. Aceeseed from <a href="ftp://ftp.cordis.europa.eu/pub/econtent/docs/2000_1558_en.pdf">ftp://ftp.cordis.europa.eu/pub/econtent/docs/2000_1558_en.pdf</a>.</p>
<p>[3] Zangenberg and Company. 2011, Kvantificering af værdien af åbne offentlige data (Quantifying the Value of Open Government Data). Report Prepared for the Danish National Information Technology and Telecom Agency. Accessed from <a href="https://digitaliser.dk/resource/1021067/artefact/Kvantificering+af+den+erhvervsm%c3%a6ssige+v%c3%a6rdi+af+%c3%a5bne+offentlige+data+-+Zangenberg2011.pdf">https://digitaliser.dk/resource/1021067/artefact/Kvantificering+af+den+erhvervsm%c3%a6ssige+v%c3%a6rdi+af+%c3%a5bne+offentlige+data+-+Zangenberg2011.pdf</a>.</p>
<p>[4] Buchholtz, Sonia, et al. 2014. Big and Open Data in Europe: A Growth Engine or a Missed Opportunity? demosEUROPA – Centre for European Strategy and Warsaw Institute for Economic Studies. Accessed from <a href="http://www.bigopendata.eu/wp-content/uploads/2014/01/bod_europe_2020_full_report_singlepage.pdf">http://www.bigopendata.eu/wp-content/uploads/2014/01/bod_europe_2020_full_report_singlepage.pdf</a>.</p>
<p>[5] Vickery, Graham. 2012. Review of Recent Studies on PSI Re-Use and Related Market Developments. European Commission, Brussels. Accessed form <a href="http://ec.europa.eu/information_society/newsroom/cf//document.cfm?doc_id=1093">http://ec.europa.eu/information_society/newsroom/cf//document.cfm?doc_id=1093</a>.</p>
<p>[6] Dekkers, Makx, et al. 2006. MEPSIR: Measuring European Public Sector Information Resources - Final Report of Study on Exploitation of Public Sector Information – Benchmarking of EU Framework Conditions. European Commission, Brussels. Accessed from <a href="http://ec.europa.eu/information_society/newsroom/cf/document.cfm?doc_id=1198">http://ec.europa.eu/information_society/newsroom/cf/document.cfm?doc_id=1198</a>.</p>
<p>[7] Lateral Economics. 2014. Open for Business: How Open Data can Help Achieve the G20 Growth Target. Omidyar Network. June. Accessed from <a href="https://www.omidyar.com/sites/default/files/file_archive/insights/ON%20Report_061114_FNL.pdf">https://www.omidyar.com/sites/default/files/file_archive/insights/ON%20Report_061114_FNL.pdf</a>.</p>
<p>[8] ACIL Tasman. 2008. The Value of Spatial Information: The Impact of Modern Spatial Information
Technologies on the Australian Economy. March. Accessed from <a href="http://www.crcsi.com.au/assets/Resources/7d60411d-0ab9-45be-8d48-ef8dab5abd4a.pdf">http://www.crcsi.com.au/assets/Resources/7d60411d-0ab9-45be-8d48-ef8dab5abd4a.pdf</a>.</p>
<p>[9] Houghton, John. 2011. Costs and Benefits of Data Provision. Report to the Australian National Data Service. September. Accessed from <a href="http://www.ands.org.au/resource/houghton-cost-benefit-study.pdf">http://www.ands.org.au/resource/houghton-cost-benefit-study.pdf</a>.</p>
<p>[10] Guerre, Louise, et al. 2009. Le marché de l’information électronique professionnelle en France. SerdaLAB. Presentation at CCIP on January 27. Accessed from <a href="http://www.fnps.fr/Public/Article/File/DOCUMENTS/Presentation_ET_IEP09_270109.pdf">http://www.fnps.fr/Public/Article/File/DOCUMENTS/Presentation_ET_IEP09_270109.pdf</a>.</p>
<p>[11] Fornefeld, Martin, et al. 2011. Die europäische Gesetzgebung als Motor für das deutsche GeoBusiness (European Legislation as a Driver for German GeoBusiness). Accessed from <a href="http://www.micus.de/pdf/MICUS_GeoBusiness-BMWi.pdf">http://www.micus.de/pdf/MICUS_GeoBusiness-BMWi.pdf</a>.</p>
<p>[12] Citadel Consulting et al. 2011. POPSIS: Pricing Of Public Sector Information Study - Models of Supply and Charging for Public Sector Information (ABC) - Final Report. European Commission. October. Accessed from <a href="http://ec.europa.eu/newsroom/dae/document.cfm?doc_id=1158">http://ec.europa.eu/newsroom/dae/document.cfm?doc_id=1158</a>.</p>
<p>[13] Ministry of Finance and Public Administration et al. 2012. Characterization Study of the Infomediary Sector. Proyecto Aporta. Accessed from <a href="http://datos.gob.es/sites/default/files/files/Estudio_infomediario/121001%20RED%20007%20Final%20Report_2012%20Edition_vF_en.pdf">http://datos.gob.es/sites/default/files/files/Estudio_infomediario/121001%20RED%20007%20Final%20Report_2012%20Edition_vF_en.pdf</a>.</p>
<p>[14] Deloitte. 2013. Market Assessment of Public Sector Information. Report to the Department for Business, Innovation and Skills, Government of UK. Accessed from <a href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/198905/bis-13-743-market-assessment-of-public-sector-information.pdf">https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/198905/bis-13-743-market-assessment-of-public-sector-information.pdf</a>.</p>
<p>[15] Pollock, Rufus. 2010. Welfare Gains from Opening up Public Sector Information in the UK. University of Cambridge. Accessed from <a href="http://rufuspollock.org/economics/papers/psi_openness_gains.pdf">http://rufuspollock.org/economics/papers/psi_openness_gains.pdf</a>.</p>
<p>[16] DotEcon. 2006. The Commercial Use of Public Information (CUPI). Report OFT861. Office of Fair Trading, Government of UK. Accessed from <a href="http://www.opsi.gov.uk/advice/poi/oft-cupi.pdf">http://www.opsi.gov.uk/advice/poi/oft-cupi.pdf</a>.</p>
<p>[17] Pham, Nam D. 2011. The Economic Benefits of Commercial GPS Use in the U.S. and the Costs of Potential Disruption. June. Accessed from <a href="http://www.gpsalliance.org/docs/GPS_Report_June_21_2011.pdf">http://www.gpsalliance.org/docs/GPS_Report_June_21_2011.pdf</a>.</p>
<p>[18] Coote, Andrew, and Les Rackham. 2008. An Assessment of the Size and Prospects for Growth of the UK Market for Geographic Information Products and Services. ConsultingWhere. Accessed from <a href="http://www.consultingwhere.com/wp-content/uploads/resources/UK_Market_Assessment_v11_Final.pdf">http://www.consultingwhere.com/wp-content/uploads/resources/UK_Market_Assessment_v11_Final.pdf</a>.</p>
<p>[19] Carpenter, John, and Phil Watts. 2013. Assessing the Value of OS OpenData™ to the Economy of Great Britain - Synopsis. Ordnance Survey. June. Accessed from <a href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/207692/bis-13-950-assessing-value-of-opendata-to-economy-of-great-britain.pdf">https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/207692/bis-13-950-assessing-value-of-opendata-to-economy-of-great-britain.pdf</a>.</p>
<p> </p>
<h2>Exchange Rates</h2>
<p>Note: Exchange rates are taken for December of the year concerned.</p>
<table>
<tbody>
<tr>
<th>Euro per 1 US Dollar</th>
</tr>
<tr>
<td>2000</td>
<td>0.8947</td>
</tr>
<tr>
<td>2006</td>
<td>0.7580</td>
</tr>
<tr>
<td>2009</td>
<td>0.6868</td>
</tr>
<tr>
<td>2010</td>
<td>0.7562</td>
</tr>
<tr>
<td>2011</td>
<td>0.7599</td>
</tr>
<tr>
<td>2013</td>
<td>0.7296</td>
</tr>
<tr>
<td>2014</td>
<td>0.8123</td>
</tr>
<tr>
<th>British Pound per 1 US Dollar</th>
</tr>
<tr>
<td>2006</td>
<td>0.5095</td>
</tr>
<tr>
<td>2011</td>
<td>0.6415</td>
</tr>
<tr>
<td>2013</td>
<td>0.6106</td>
</tr>
<tr>
<td>2014</td>
<td>0.6397</td>
</tr>
<tr>
<th>Australian Dollar per 1 US Dollar</th>
</tr>
<tr>
<td>2008</td>
<td>1.4919</td>
</tr>
<tr>
<td>2011</td>
<td>0.9874</td>
</tr>
<tr>
<td>2014</td>
<td>1.2144</td>
</tr>
<tr>
<th>New Zealand Dollar per 1 US Dollar</th>
</tr>
<tr>
<td>2008</td>
<td>1.7923</td>
</tr>
<tr>
<th>Norwegian Krone per 1 US Dollar</th>
</tr>
<tr>
<td>2010</td>
<td>5.9774</td>
</tr>
<tr>
<th>Danish Krone per 1 US Dollar</th>
</tr>
<tr>
<td>2011</td>
<td>5.6495</td>
</tr>
</tbody>
</table>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/openness/survey-of-estimates-of-economic-value-of-open-government-data'>https://cis-india.org/openness/survey-of-estimates-of-economic-value-of-open-government-data</a>
</p>
No publisherÖmer Faruk SarıOpen Government DataDigital EconomyOpen DataEconomicsOpenness2015-08-22T08:42:30ZBlog EntryStudying Digital Creative Industries in India: Initial Questions
https://cis-india.org/raw/studying-digital-creative-industries-in-india-initial-questions
<b>This brief overview of the discourse around creative industries is an attempt to explore some ways of identifying what could be digital creative industries in India, and the questions they raise and problematize for us in terms of cultural expression, knowledge production, creativity and labour. The term ‘creative industries’ has been around for a while now, but with the advent of the digital, and with interest from different sectors, especially with a focus on policy and economic development, it would be essential to critically examine the discourse around the term, and see where it may be changing to open up new possibilities, particularly for the arts, humanities and design.</b>
<p> </p>
<h3>Introduction</h3>
<p>The term ‘creative industries’ has been popular for more than two decades now, and continues to remain an important sector for research and development, as indicated by several shifts in policy and public discourse in the last few years. A significant move has been the foregrounding of creativity and knowledge as important resources for economic growth and social well–being. The term has a connection with the older and more specific term ‘cultural industries’, with its origins in the Frankfurt School <strong>[1]</strong> of theory, but has developed as part of a larger discourse around the creative economy/knowledge economy. First used in Australia in 1994 as part of a report titled Creative Nation <strong>[2]</strong>, it became more widely recognized in the following years with the setting up of the Creative Industries Task Force by the United Kingdom’s Department of Culture, Media and Sport in 1997.The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (2005) <strong>[3]</strong> was perhaps the most prominent global effort in recognizing and taking steps towards fostering the growth of creativity and cultural production as part of sustainable development.</p>
<p>Following this there have been several other initiatives across the world, most noticeably in the Anglo-American context, that have built upon this framework to ease and facilitate cross-cultural flows and diversity in the circulation of information, labour and goods. Increasingly, the attempt now is to understand the relevance of these efforts in the digital age, where several advancements in technology and the ubiquitous presence of the internet continue to determine the creation, circulation and consumption of cultural commodities. This blog post is an attempt to outline some initial thoughts on what could be the possibilities of studying ‘digital’ creative industries in India. The digital is an inherent aspect of much cultural and creative expression today, given the steady transition from analogue to digital and the increased presence of internet in almost every domain. What would constitute creative digital industries in the present moment, how do they determine the larger course of cultural production, and pose new questions for labour, commodities, creativity and technology more broadly are some of the questions explored here.</p>
<p>According to the UN Creative Economy Report 2010 <strong>[4]</strong> the creative industries:</p>
<ul>
<li>are the cycles of creation, production and distribution of goods and services that use creativity and intellectual capital as primary inputs;</li>
<li>constitute a set of knowledge-based activities, focused on but not limited to arts, potentially generating revenues from trade and intellectual property rights;</li>
<li>comprise tangible products and intangible intellectual or artistic services with creative content, economic value and market objectives;</li>
<li>stand at the crossroads of the artisan, services and industrial sectors; and</li>
<li>constitute a new dynamic sector in world trade.</li></ul>
<p>As the report mentions, these are ‘evolving’ concepts and definitions, and just the number of areas that can come within the purview of the creative industries has increased greatly in the last decade. The report classifies creative industries under four different models as illustrated here:</p>
<img src="https://github.com/cis-india/website/raw/master/img/CIS-RAW_CreativeIndustriesClassification_CER2010.png" alt="Classification of creative industries." />
<h6>Source: <a href="http://unctad.org/en/Docs/ditctab20103_en.pdf">UN Creative Economy Report 2010</a>.</h6>
<p> </p>
<h3>Creative Industries in India</h3>
<p>In India, there has been a keen interest in the potential of creativity as a resource, although creative industries may not be a popularly used term. From a policy perspective it is largely in terms of opportunities for economic growth, and more recently the potential for innovation and entrepreneurship, as seen in the Niti Aayog report presented in 2015 <strong>[5]</strong>, which says that:</p>
<blockquote>the committee proposes using digital platforms to encourage innovation, reforming the educational system to encourage creativity and upskilling workers to make them more employable, improving the ease of doing business, and strengthening intellectual property rights. Finally, the committee also proposes a number of measures to change cultural biases and attitudes towards entrepreneurship in the long-term, including attaching entrepreneurship to large scale economic and social programs, promoting new high-potential sectors via the government’s “Make in India” campaign, fostering a culture of coordination and collaboration, attempting to redefine cultural notions of success, and tying entrepreneurship with the social inclusion agenda.</blockquote>
<p>The report therefore reflects an interest in harnessing creativity or creative labour as a significant factor in fostering innovation and entrepreneurship, and in some sense also expanding the scope of such entrepreneurship by tying it with social inclusion and encouraging collaboration. What this also has implications then is for educational reform, capacity-building and upskilling for increased employability and better livelihoods, something that requires a systemic and focused effort spread over time. The report also explicitly speaks of strengthening an existing intellectual property regime, which also has been a rather dominant framework for the creative industries discourse from a policy perspective. While there is a need to focus on growth and innovation, a perceived objective of IP, the easy conflation of the two is problematic. Further, the role of IPR in fostering innovation and socio-economic development, as reflected in the draft National IPR policy (2014) <strong>[6]</strong> is contentious, as responses to the draft have pointed out <strong>[7]</strong>. It would also be imperative to understand better the ‘cultural notions of success’ and how these would also impact the creative industries discourse in India.</p>
<p>As part of a large research initiative titled <em>Culture: Industries and Diversity in Asia</em> (CIDASIA) <strong>[8]</strong> spread over two years, the Centre for the Study of Culture and Society Bangalore worked on some of the pertinent questions that emerged out of the creative industries discourse in India and the sub-continent. In a report produced as part of this initiative creative industries are described as:</p>
<blockquote>[T]he vast sector that has emerged with the arrival of modern technologies (emphasis as in the original) and forms of mass reproduction since the colonial period. This sector has now become an important site of intervention for both governments such as in UK, Australia and India and international agencies such as the United Nations.</blockquote>
<p>Further, about the programme the report says:</p>
<blockquote>The initiative attempts to assess the viability of international and government policies for cultural and creative industries and thus lay the groundwork for a hitherto unprecedented intervention of philanthropic organizations in the domain. We specifically focus on culture industries through the node of ‘livelihoods’ that we see as inextricably tied to this sector.</blockquote>
<p>The importance of the question of livelihood to the growth in culture industries remains even today, as they are a source of employment for a vast section of society, mostly in rural areas, and often fall into what is called the unorganized sector. Low capital investment and the disputable legality of many of these industries however, make this connection a complicated one, as pointed out by the CIDASIA research. The study critiqued existing models of creative and cultural industries which emphasized copyright and intellectual property rights (IPR) as safeguards of livelihood and identity, a rather contentious connection given the presence of a large underground economy based on creative labour, which is also often migrant in nature. Other initiatives in the programme included a consultation to rethink the existing debates around cultural policy and diversity, with a focus on the rights of marginalized people, rights in the domain of mass culture, copyright and IPR. Diminishing spaces for cultural or political-artistic performances, and the role of creative cities in fostering such spaces was another area of concern.</p>
<p>There were several learnings from these initiatives about the nature of creative industries (audio-visual media including film and television), the conflation and overlap with culture industries (including craft and legacy industries) and the complex relationship between the two, and how the latter benefits from the first. The question of livelihoods, particularly those of non-citizens, or the migrant is an important one, for it highlights the cultural visibility of these industries, and more importantly establishes the presence of an underground economy that produces goods of high economic value, using cheap labour. Policy reforms, especially with respect to IPR and any regulation of these industries would need to take into account these features. The convergence of difference forms of cultural production with the growth of new media technologies, in particular is a pertinent question. Along with growing concerns around piracy, growth of new kinds of content, exclusivity and distribution become important factors here. The availability of capital and technology, and a growing global presence has also changed dramatically the nature of several creative industries, such as media, entertainment and advertising, but also brought with it challenges of finding creative and sustainable business models <strong>[9]</strong>. The problem of cultural impenetrability, or the difficulty of certain commodities to find a market in certain countries was also brought up as part of a study on the Korean wave in India. The translation of cultural worth into economic value, here studied through an examination of the cinema as cultural object, produced interesting observations in addressing the commodification of these objects and understanding the problem of value in this context <strong>[10]</strong>. The role of technology in the growth of the creative industries was an inherent aspect of all these studies, with factors such as context, conditions and quality of access, and the need to understand the problem of the 'last mile' as a conceptual and cultural problem, rather than a technological one, being emphasized in these findings <strong>[11]</strong>.</p>
<p> </p>
<h3>Creative Labour?</h3>
<p>The importance of the question of livelihood to the growth in culture industries remains even today, as they are a source of employment for a vast section of society, mostly in rural areas, and often fall into what is called the unorganized sector. Low capital investment and the disputable legality of many of these industries however, make this connection a complicated one, as pointed out by the CIDASIA research. The study also critiqued existing models of creative and cultural industries which emphasized copyright and intellectual property rights (IPR) as safeguards of livelihood and identity, a rather contentious connection given the presence of a large underground economy based on creative labour, which is also often migrant in nature. Other initiatives in the programme included a consultation to rethink the existing debates around cultural policy and diversity, with a focus on the rights of marginalized people, rights in the domain of mass culture, copyright and IPR. Diminishing spaces for cultural or political-artistic performances, and the role of creative cities in fostering such spaces was another area of concern.</p>
<p>In the last decade alone, the internet and digital technologies have grown at an exponential pace in India. Creative industries have been driven greatly by advancements in technology, and the role of the digital here then becomes an important aspect of the discourse, in terms of either a space, object or context. The term itself has drawn different kinds of criticism, beginning with the juxtaposition of creativity and industry, or the ‘economisation of culture’, as another product of contemporary capitalism, a critique that stems from the Frankfurt School. The problems are several, as outlined here by Andrew Ross <strong>[12]</strong>:</p>
<blockquote>It may be too early to predict the ultimate fate of the paradigm. But sceptics have already prepared the way for its demise:: it will not generate jobs; it is a recipe for magnifying patterns of class polarisation; its function as a cover for the corporate intellectual property (IP) grab will become all too apparent; its urban development focus will price out the very creatives on whose labour it depends; its reliance on self-promoting rhetoric runs far in advance of its proven impact; its cookie-cutter approach to economic development does violence to regional specificity; its adoption of an instrumental value of creativity will cheapen the true worth of artistic creation.2 Still others are inclined simply to see the new policy rubric as ‘old wine in new bottles’ – a glib production of spin-happy New Labourites, hot for naked marketization but mindful of the need for socially acceptable dress. For those who take a longer, more orthodox Marxist view, the turn toward creative industries is surely a further symptom of an accumulation regime at the end of its effective rule, spent as a productive force, awash in financial speculation, and obsessed with imagery, rhetoric and display.</blockquote>
<p>Similar concerns may be highlighted in the Indian context as well, where the employability of many in creative fields of work, which often fall under the informal or unorganized sector, has always been fraught with uncertainty. The access to cultural and social capital also defines the discourse in a certain manner, as largely urban-centric and focused around a particular class. Education, training and capacity-building efforts in creative fields, and access to these are an important factor that requires further exploration. As reflected in the discussions above, the prevalent imagination of cultural and creative industries still focusses on IPR and socio-economic development of certain sectors of the knowledge economy, therefore making invisible other kinds of labour. The appropriation of the term itself to focus on innovation in certain sectors, at the cost of others, and streamlining and regulation of these in some way would be another aspect of concern. More importantly, the definition of creativity, as beyond skilling for certain kinds of work also needs to be emphasized in these discussions.</p>
<p> </p>
<h3>Key Questions</h3>
<p>Whether these are still pertinent criticisms now is a question, and more importantly, what would be new ways to frame the creative industries debate today would be a relevant starting point of engagement. The following are some questions that could be useful in mapping the creative industries discourse and how it could be thought about today, post the digital turn:</p>
<ol><li>What are digital creative industries? Is it possible to identify a smaller subset of industries that would come within the purview of this term, or is it another entry point into the creative industries discourse in India, where the digital is all pervasive? What are new kinds of creative industries that are heavily and/or purely reliant on the internet and digital technologies?<br /><br /></li>
<li>Does the digital add a new perspective/dimension to how we theorise the notion of creative labour, because of the manner in which it affects, or determines creative expressions in the present, on the internet and more broadly in the digital? More importantly, do we need to critically think about a definition of creativity itself, today within the digital context? How do we then understand questions of precarity in working conditions, innovation and entrepreneurship in this space?<br /><br /></li>
<li>Who is the creative subject? Is it possible to understand such a subject outside of the very Eurocentric discourse around creativity and ‘creation’, which paints the creator as hegemonic in some sense? Another new way to reframe the livelihoods question is to understand the creative worker/knowledge worker, and how to think of these distinctions. What are the new ways to understand this debate?<br /><br /></li>
<li>The discourse around creative industries has largely been framed within the context of the intellectual property rights, and as a method to ensure the stability of the IPR regime. Given the changes, and many nuances to the IPR debates in the last few years, and the growth of the Free/Libre and Open Source Software (FLOSS) movement, it would be useful to understand the growth of creative digital industries in this context.<br /><br /></li>
<li>What does this tell us about a growing digital economy in India? Creative industries would raise interesting questions about the fostering of a digital economy in India, and the many ways in which it determines cultural production in the rest of the world.<br /><br /></li></ol>
<p> </p>
<h3>Endnotes</h3>
<p><strong>[1]</strong> Theodor Adorno and Max Horkheimer, 'The Culture Industry: Enlightenment as Mass Deception,' 1944. <a href="https://www.marxists.org/reference/archive/adorno/1944/culture-industry.htm">https://www.marxists.org/reference/archive/adorno/1944/culture-industry.htm</a>.</p>
<p><strong>[2]</strong> See: <a href="http://apo.org.au/resource/creative-nation-commonwealth-cultural-policy-october-1994">http://apo.org.au/resource/creative-nation-commonwealth-cultural-policy-october-1994</a>.</p>
<p><strong>[3]</strong> See: <a href="http://portal.unesco.org/en/ev.php-URL_ID=31038&URL_DO=DO_TOPIC&URL_SECTION=201.html">http://portal.unesco.org/en/ev.php-URL_ID=31038&URL_DO=DO_TOPIC&URL_SECTION=201.html</a>.</p>
<p><strong>[4]</strong> See: <a href="http://unctad.org/en/Docs/ditctab20103_en.pdf">http://unctad.org/en/Docs/ditctab20103_en.pdf</a>.</p>
<p><strong>[5]</strong> See: <a href="http://niti.gov.in/mgov_file/report%20of%20the%20expert%20committee.pdf">http://niti.gov.in/mgov_file/report%20of%20the%20expert%20committee.pdf</a>.</p>
<p><strong>[6]</strong> See: <a href="http://dipp.nic.in/English/Schemes/Intellectual_Property_Rights/IPR_Policy_24December2014.pdf">http://dipp.nic.in/English/Schemes/Intellectual_Property_Rights/IPR_Policy_24December2014.pdf</a>.</p>
<p><strong>[7]</strong> For more on this see: 'Comments on the First Draft Of The National IPR Policy' submitted by the Centre for Internet and Society, 2015 <a href="http://cis-india.org/a2k/blogs/cis-comments_first-draft-of-national-ipr-stategy.pdf">http://cis-india.org/a2k/blogs/cis-comments_first-draft-of-national-ipr-stategy.pdf</a>, and 'SpicyIP Tidbit: New IPR Policy in 2 months' by Balaji Subramanian, SpicyIP, October 2015, <a href="http://spicyip.com/2015/10/spicyip-tidbit-new-ipr-policy-in-2-months.html">http://spicyip.com/2015/10/spicyip-tidbit-new-ipr-policy-in-2-months.html</a>.</p>
<p><strong>[8]</strong> See: <a href="http://cscs.res.in/irps/cidasia-1">http://cscs.res.in/irps/cidasia-1</a>.</p>
<p><strong>[9]</strong> S. Ananth, 'Business of Culture in India,' 2008. <a href="http://cscs.res.in/dataarchive/textfiles/textfile.2009-12-18.9970782136">http://cscs.res.in/dataarchive/textfiles/textfile.2009-12-18.9970782136</a>.</p>
<p><strong>[10]</strong>'When The Host Arrived: A Report on the Problems and Prospects for the Exchange of Popular Cultural Commodities with India,' 2008. <a href="http://cscs.res.in/dataarchive/textfiles/textfile.2009-07-17.9853066637/file">http://cscs.res.in/dataarchive/textfiles/textfile.2009-07-17.9853066637/file</a>.</p>
<p><strong>[11]</strong>Ashish Rajadhyaksha, 'The Last Cultural Mile' (Bangalore: Centre for Internet and Society, 2011) <a href="http://cis-india.org/raw/histories-of-the-internet/blogs/the-last-cultural-mile/the-last-cultural-mile-blog-old">http://cis-india.org/raw/histories-of-the-internet/blogs/the-last-cultural-mile/the-last-cultural-mile-blog-old</a>.</p>
<p><strong>[12]</strong> Andrew Ross, 'Nice Work of You Can get it: The Mercurial Career of Creative Industries Policy,' in <em>MyCreativity Reader</em>. Eds. Geert Lovink and Ned Rossiter (Amsterdam: Institute of Network Cultures, 2007).</p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/raw/studying-digital-creative-industries-in-india-initial-questions'>https://cis-india.org/raw/studying-digital-creative-industries-in-india-initial-questions</a>
</p>
No publishersneha-ppDigital EconomyDigital KnowledgeResearchCreative IndustriesResearchers at Work2016-03-18T13:55:56ZBlog EntryStrategies to Organise Platform Workers
https://cis-india.org/raw/strategies-to-organise-platform-workers-rightscon
<b>In 2022, the Centre for Internet and Society hosted a panel with Akkanut Wantanasombut, Ayoade Ibrahim, Rikta Krishnaswamy, and Sofía Scasserra at RightsCon, an annual summit on technology and human rights. </b>
<p><b><a class="external-link" href="http://cis-india.org/raw/strategies-to-organise-platform-workers/at_download/file">Click</a></b> to download the full report</p>
<hr />
<h3>Event Report</h3>
<p style="text-align: justify; ">This event report is based on proceedings from a panel hosted at the 2022 edition of RightsCon. Hosted by the labour and digitalisation team at CIS, the panel brought together seasoned labour organisers, activists, and researchers working across Thailand, Nigeria, India, and Argentina. The panellists represented a diverse group of worker organisations, including transnational federations, national unions, and informally organised movements.<br /><br />Their experiences of organising in research and practice infused our discussion with insight into collective action struggles across varied sectors and platform economies in the global south. Collective resistance among platform workers has witnessed a sustained rise in these economies over the past three years, with demands for transparency and accountability from platforms, and for a guarantee of rights and protections from governments.<br /><br />Through this panel, we sought to answer:</p>
<ol>
<li>How have workers’ organisations overcome challenges in sustained collective action?</li>
<li>What have been unique aspects of organising in the global south?</li>
<li>Which strategies have been gaining traction for organising workers and mobilising other stakeholders?</li>
</ol>
<p style="text-align: justify; "><br />Placing workers’ participation front and centre, the panellists incorporated common threads around campaigning, education, and mobilisation for increasing worker participation, as well as bargaining with the government for legal and social protections. The panellists highlighted that it’s the resilience and resistance led by workers that drive the way for sustained organising. This panel hoped to spotlight steps taken in that direction, where organising efforts strive to form, sustain, and champion worker-led movements.</p>
<h3 style="text-align: justify; ">Contributors</h3>
<p><b>Panellists: </b><br />Akkanut Wantanasombut<br />Ayoade Ibrahim<br />Rikta Krishnawamy <br />Sofía Scasserra</p>
<p><b>Worker organisations in focus:</b><br />Tamsang-Tamsong<br />National Union of Professional App-based Transport Workers<br />International Alliance of App-based Transport Workers<br />All India Gig Workers’ Union <br />Federación Argentina de Empleados de Comercio y Servicios<br />Asociación de Personal de Plataformas</p>
<p><b>Conceptualisation and planning</b>: Ambika Tandon, Chiara Furtado, Aayush Rathi, and Abhishek Sekharan</p>
<p><b>Author</b>: Chiara Furtado<br /><b>Reviewers</b>: Ambika Tandon and Nishkala Sekhar<br /><b>Designer</b>: Annushka Jaliwala<br /><br />This event report is part of research supported by the Internet Society Foundation under the ‘Labour futures’ grant.</p>
<p>
For more details visit <a href='https://cis-india.org/raw/strategies-to-organise-platform-workers-rightscon'>https://cis-india.org/raw/strategies-to-organise-platform-workers-rightscon</a>
</p>
No publisherfurtadoLabour FuturesDigital EconomyResearchers at WorkGig WorkPlatform-WorkFeaturedRAW ResearchHomepage2023-10-22T09:54:52ZBlog EntrySeminar on Understanding Financial Technology, Cashless India, and Forced Digitalisation (Delhi, January 24)
https://cis-india.org/internet-governance/news/seminar-on-understanding-financial-technology-cashless-india-and-forced-digitalisation-delhi-jan-24-2017
<b>The Centre for Financial Accountability is organising a seminar on "Understanding Financial Technology, Cashless India, and Forced Digitalisation" on Tuesday, January 24, at YWCA, Ashoka Road, New Delhi. Sumandro Chattapadhyay will participate in the seminar and speak on the emerging architecture of FinTech in India, as being developed and deployed by UIDAI and NPCI.</b>
<p> </p>
<p><em>Cross-posted from <a href="https://letstalkfinancialaccountability.wordpress.com/2017/01/20/understanding-financial-technology-cashless-india-forced-digitalisation/">Centre for Financial Accountability</a>.</em></p>
<hr />
<h2>Programme Schedule</h2>
<h4>09.30 - Registration</h4>
<h4>10:00 - Introduction to the Seminar & Setting the Context</h4>
<p>Madhuresh Kumar, National Alliance of People’s Movements</p>
<h4>10:15–11:30 - Session 1 - Understanding the Political Context of FinTech</h4>
<p>B P Mathur, Former Dy CAG</p>
<p>Prabir Purkayastha, Free Software Movement of India and Knowledge Commons</p>
<p>C P Chandrasekhar, Centre for Economic Studies and Planning, JNU</p>
<h4>11:30-11:45 – Tea / Coffee break</h4>
<h4>11:45-13:15 - Session 2 - How will FinTech Impact the Poor, and Labour and Banking Sector?</h4>
<p>Ashim Roy, New Trade Union of India</p>
<p>Nikhil Dey, Mazdoor Kisan Shakti Sangathan</p>
<p>Ravinder Gupta, General Secretary, State Bank of India Officers Association</p>
<h4>13:15-14:00 – Lunch</h4>
<h4>14:00-15:30 - Session 3 - Understanding the Economic Context of FinTech</h4>
<p>Indira Rajaraman, Former Director, RBI</p>
<p>Tony Joseph, Sr. Journalist</p>
<h4>15:30-17:00 - Session 4 - Understanding the Architecture of FinTech: Linkages to Aadhaar, IndiaStack etc</h4>
<p>Sumandro Chattapadhyay, the Centre for Internet and Society</p>
<p>Gopal Krishna, ToxicsWatch</p>
<h4>17:00 – Tea</h4>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/news/seminar-on-understanding-financial-technology-cashless-india-and-forced-digitalisation-delhi-jan-24-2017'>https://cis-india.org/internet-governance/news/seminar-on-understanding-financial-technology-cashless-india-and-forced-digitalisation-delhi-jan-24-2017</a>
</p>
No publishersumandroUnified Payments InterfaceFinancial TechnologyDigital IDBig DataDigital EconomyUIDInternet GovernanceDigital IndiaAadhaarFinancial InclusionBiometricsDigital Payment2017-01-23T13:17:19ZBlog EntryResearch Symposium on Digital Transitions in Cultural and Creative Industries in India, New Delhi, Feb 27-28
https://cis-india.org/raw/digital-transitions-in-cultural-and-creative-industries-in-india-symposium-2018
<b>It is our privilege to collaborate with LabEx ICCA (Université Paris 13), UNESCO New Delhi, Centre for Social Sciences and Humanities (CSH), and Centre d'études de l'Inde et de l'Asie du Sud (CEIAS), to organise a Research Symposium on Digital Transitions in Cultural and Creative Industries in India. The symposium gathers researchers and practitioners engaging with the changing landscape of cultural and creative industries in India in the context of the rapid expansion of digital technologies and social media. We invite you to join us for a critical exploration of the prevalent discourse around cultural and creative industries, to identify what could be the different forms of digital creative and cultural industries developing in India, and how they problematise the questions of cultural expression, knowledge production, creativity, and labour.</b>
<p> </p>
<h4>Venue: <a href="https://www.google.com/maps/place/UNESCO+NEW+DELHI/@28.5962104,77.1766346,17z/data=!4m12!1m6!3m5!1s0x390d1d69e65aea35:0x95c8f02076400bf2!2sUNESCO+NEW+DELHI!8m2!3d28.5962104!4d77.1788233!3m4!1s0x390d1d69e65aea35:0x95c8f02076400bf2!8m2!3d28.5962104!4d77.1788233?hl=en" target="_blank">Conference Room, UNESCO New Delhi, 1 San Martin Marg, Chanakyapuri, New Delhi, 110021</a> (<em>Note: Please bring your identity document to enter the UNESCO premises</em>)</h4>
<h4>RSVP: Registration is closed</h4>
<h4>Booklet: <a href="https://github.com/cis-india/website/raw/master/docs/labex-icca-cis-unesco_symposium-2018_booklet.pdf">Download</a> (PDF)</h4>
<h4>Programme: <a href="https://cis-india.org/raw/files/research-symposium-on-transitions-in-cultural-and-creative-industries-in-india-programme-2018/at_download/file">Download</a> (PDF)</h4>
<h4>Poster: <a href="https://raw.githubusercontent.com/cis-india/website/master/img/labex-icca-cis-unesco_symposium-2018_poster.png">Download</a> (PNG)</h4>
<h4>Organisers: <a href="https://icca.univ-paris13.fr/" target="_blank">LabEx ICCA, Université Paris 13</a>, <a href="http://www.unesco.org/new/en/newdelhi" target="_blank">UNESCO New Delhi</a>, <a href="http://csh-delhi.com/" target="_blank">Centre for Social Sciences and Humanities (CSH)</a>, <a href="http://ceias.ehess.fr/" target="_blank">Centre d'études de l'Inde et de l'Asie du Sud (CEIAS)</a>, and the Centre for Internet and Society (CIS), India</h4>
<hr />
<img src="digital-transitions-in-cultural-and-creative-industries-in-india-symposium-2018/leadImage" alt="Research Symposium on Digital Transitions in Cultural and Creative Industries in India, New Delhi, Feb 27-28" width="50%" />
<p> </p>
<h3><strong>Concept Note</strong></h3>
<p>Digital technologies involve, accompany and provoke changes in the structuring of industrial sectors. How are they more particularly transforming the creation, production, distribution processes in cultural and creative industries? What are reconfigurations and challenges associated with the rise in power of actors from the industries of communication and information? What are the new stakeholder strategies, economic models and power relationships involved? Does digital have the effect of empowering the smallest actors / self-employed / freelancers or on the contrary does it allow large players to relieve themselves of the promotion, production costs on individual creator?</p>
<p>A growing interest in fields such as digital humanities, new media, digital cultures and the Galleries, Libraries, Archives and Museums (GLAM) sector is another important development here. The rise of a number of digital initiatives in arts and humanities practice, research and teaching has also brought up significantly the question of new skills or expertise required in these fields. The need for digital literacy and ‘re-skilling’ to adapt to new forms of arts and humanities practice in a digital environment has often come with much criticism, as it is viewed as an effort towards vocationalisation and professionalization of these disciplines, a result of the changing mandates of the university and higher education in general. How do we then productively engage with these questions of skill, expertise and labour that goes into the building of new digital industries, which are often located within and at the periphery of academia and creative practices? Importantly, how can concerns about a perceived conflict of creativity and industry be addressed as these transformations take place rapidly with the advent of the digital is an important point of focus.</p>
<p>A critical exploration of the prevalent discourse around creative industries would offer ways of identifying what could be the different forms of digital creative and cultural industries developing in India, and how they problematize for us questions of cultural expression, knowledge production, creativity and labour. The conflation and overlap of both ‘cultural’ and ‘creative industries’ and the location of these terms within a larger discourse around policy, economic development, livelihoods and rights, takes on different dimensions post the digital turn. In the context of initiatives like Digital India, and efforts to consolidate an IPR regime, the implications of policy reforms for creative work, especially that performed within informal/underground economies and in the cultural heritage sector are many. These discussions would inform and draw from the ongoing efforts in fostering of a digital economy in India, and the many ways in which it determines cultural production in the rest of the world.</p>
<p>Topics that will be addressed at the symposium include, but are not restricted to:</p>
<p>- Digital turns and transformations in cultural and creative industries</p>
<p>- Media infrastructure, digital platforms, and changing landscape of actors</p>
<p>- Digital transitions in the Indian news industry</p>
<p>- Online/offline lives of creative industries and media consumption</p>
<p>Presented by the Labex ICCA and the Center for Internet and Society (CIS), the symposium will gather Indian, French, and international specialists in the cultural industries, new media and technology, information and communication sciences, and social sciences but also professionals and industrial actors in the cultural and artistic sectors. The event is driven an ambition to promote the creation of an interdisciplinary and inter-institutional Franco-Indian research network to initiate, develop and share research on cultural industries in India and more widely in South Asia.</p>
<h4>Organising Committee</h4>
<p>- Christine Ithurbide (LabEx ICCA, Université Paris 13 / CSH)</p>
<p>- Philippe Bouquillion (LabEx ICCA, Université Paris 13)</p>
<p>- Vibodh Parthasarathi (Jamia Millia Islamia)</p>
<p>- Sumandro Chattapadhyay (The Centre for Internet and Society)</p>
<p>- Puthiya Purayil Sneha (The Centre for Internet and Society)</p>
<p> </p>
<h3><strong>Symposium Programme (Draft)</strong></h3>
<h4>First Day – Tuesday, February 27, 2018</h4>
<p>10:00-10:30<br />
<strong>Tea and Coffee</strong></p>
<p>10:30-11:00<br />
<strong>Welcoming Address</strong><br />
<em>Snigdha Bisht (UNESCO Cultural Department)</em><br />
<strong>Introductions</strong><br />
<em>Shailendra Sigdel (UNESCO Institute for Statistics), Christine Ithurbide (LabEx ICCA / CSH), and Vibodh Parthasarathi (Jamia Millia Islamia)</em></p>
<p>11:00-12:30<br />
<strong>Session 1: Digital Opportunities and Challenges in the Cultural Industries</strong><br />
<em><strong>Speakers:</strong> Tanishka Kachru (National Institute of Design, Ahmedabad), Akshaya Kumar (IIT Indore), and Vivan Sharan (KOAN Advisory)<br />
<strong>Chair:</strong> Christine Ithurbide (LabEx ICCA / CSH)</em></p>
<p>12:30-13:30<br />
<strong>Lunch</strong></p>
<p>13:30-15:00<br />
<strong>Session 2: Digital Transitions in the News Landscape</strong><br />
<em><strong>Speakers:</strong> Zeenab Aneez (Freelance Journalist), Ravichandran Bathran (Dalit Camera), and Franck Rebillard (University of Paris 3 – Sorbonne Nouvelle and Labex ICCA)<br />
<strong>Chair:</strong> Vibodh Parthasarathi (Jamia Millia Islamia)</em></p>
<p>15:00-15:30<br />
<strong>Tea and Coffee</strong></p>
<p>15:30-17:00<br />
<strong>Session 3: Technology, Creativity, and (Re)Skilling</strong><br />
<em><strong>Speakers:</strong> Padmini Ray Murray (Srishti School of Art Design and Technology), Sneha Raghavan (Asia Art Archive), and Xenia Zeiler (University of Helsinki)<br />
<strong>Chair:</strong> Puthiya Purayil Sneha (The Centre for Internet and Society)</em></p>
<h4>Second Day – Wednesday, February 28, 2018</h4>
<p>10:00-10:30<br />
<strong>Tea and Coffee</strong></p>
<p>10:30-12:30<br />
<strong>Session 4: Digital Platforms and Media Distribution</strong><br />
<em><strong>Speakers:</strong> Narendra Ganesh (KPMG), Mae Thomas (Maed in India), Philippe Bouquillion (Université Paris 13 / LabEx ICCA), and Nikhil Pahwa (Medianama)<br />
<strong>Chair:</strong> Sumandro Chattapadhyay (The Centre for Internet and Society)</em></p>
<p>12:30-13:30<br />
<strong>Lunch</strong></p>
<p>13:30-15:00<br />
<strong>Session 5: Copyright, Creative Content, and Rights of Performers</strong><br />
<em><strong>Speakers:</strong> Nandita Saikia (Lawyer), Anubha Sinha (The Centre for Internet and Society), and Manojna Yeluri (Artistik License)<br />
<strong>Chair:</strong> Neha Paliwal (Sahapedia)</em></p>
<p>15:00-15:30<br />
<strong>Tea and Coffee</strong></p>
<p>15:30-17:00<br />
<strong>Session 6: Technologies of Aesthetic Imagi/nation</strong><br />
<em><strong>Speakers:</strong> Farrah Miranda (Artists), Rashmi Munikempanna (Artist), Swati Janu (Architect), and Tara Atluri (Writer, Researcher, Artist)<br />
<strong>Chair:</strong> Tara Atluri (Writer, Researcher, Artist)</em></p>
<p>17:00-18:00<br />
<strong>Concluding Remarks</strong><br />
<em><strong>Speakers:</strong> Christine Ithurbide (LabEx ICCA / CSH), Neha Paliwal (Sahapedia), Philippe Bouquillion (Université Paris 13 / LabEx ICCA), Puthiya Purayil Sneha (The Centre for Internet and Society), Tara Atluri (Writer, Researcher, Artist), and Vibodh Parthasarathi (Jamia Millia Islamia)<br />
<strong>Chair:</strong> Sumandro Chattapadhyay (The Centre for Internet and Society)</em></p>
<p> </p>
<h3><strong>Location of Venue</strong></h3>
<iframe src="https://www.google.com/maps/embed?pb=!1m18!1m12!1m3!1d3503.1188754990826!2d77.17663461441647!3d28.596210382432034!2m3!1f0!2f0!3f0!3m2!1i1024!2i768!4f13.1!3m3!1m2!1s0x390d1d69e65aea35%3A0x95c8f02076400bf2!2sUNESCO+NEW+DELHI!5e0!3m2!1sen!2sin!4v1518344368273" frameborder="0" height="450" width="600"></iframe>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/raw/digital-transitions-in-cultural-and-creative-industries-in-india-symposium-2018'>https://cis-india.org/raw/digital-transitions-in-cultural-and-creative-industries-in-india-symposium-2018</a>
</p>
No publishersumandroDigital NewsRAW EventsDigital EconomyDigital KnowledgeDigital MediaCreative IndustriesResearchers at Work2018-02-26T11:04:24ZEventPlatforms, Power, and Politics: Perspectives from Domestic and Care Work in India
https://cis-india.org/raw/platforms-power-and-politics-perspectives-from-domestic-and-care-work-in-india
<b>CIS has been undertaking a two-year project studying the entry of digital platforms in the domestic and care work in India, supported by the Association for Progressive Communications as part of the Feminist Internet Research Network. Implemented through 2019-21, the objective of the project is to use a feminist lens to critique platform modalities and orient platformisation dynamics in radically different, worker-first ways. Ambika Tandon and Aayush Rathi led the research team at CIS. The Domestic Workers’ Rights Union is a partner in the implementation of the project, as co-researchers. Geeta Menon, head of DWRU, was an advisor on the project, and the research team consisted of Parijatha G.P., Radha Keerthana, Zeenathunnisa, and Sumathi, who are office holders in the union and are responsible for organising workers and addressing their concerns.
</b>
<p><span>The Executive Summary for the project report is below.</span></p>
<p>The full report, ‘Platforms, power, and politics: Perspectives from domestic and care work in India’, can be found <a href="https://cis-india.org/raw/platforms-power-and-politics-pdf" class="external-link">here</a>.</p>
<p>The press release can be found <a href="https://cis-india.org/raw/platforms-power-and-politics-press-release-pdf" class="external-link">here</a>.</p>
<hr />
<h3></h3>
<h3><span>Introduction</span></h3>
<div></div>
<p style="text-align: justify; ">Paid domestic and care work is witnessing the entry of digital intermediaries over the past decade. More recently, there has been tremendous growth of digital platforms. This holds the potential to impact millions of workers in the sector, which is characterised by a long history of informality and exclusion from rights-according legal frameworks. Digital intermediation of domestic and care work has been a space of high-growth, but also high-attrition. In India, order books of digital platforms providing domestic and care work services were reported to have been growing by upto 60 percent month-on-month in 2016. This is expected to shift the organisation of workers and employment relations profoundly. <br /><br />Broadly, the discourse on digital platforms providing home-based services can be summarised as follows: proponents argue that digitisation will act as a step towards bringing formalisation to the sector, while critics argue that platforms could replicate the exploitation of workers by further disguising the employer-employee relationship. Similar debates around lack of protections and precarity have also taken place in other occupations in gig work such as transportation and food delivery. In fact, the similarity in precarity and the informal nature of this relationship across gig work and domestic work has led to domestic workers being labelled the original gig workers. Domestic work is a particularly vulnerable and unprotected sector, which makes work in the sector qualitatively different from most other sectors in the gig or sharing economy.<br /><br />Through a feminist approach to digital labour, our project aimed to examine the dynamics of platformisation in, and of domestic or reproductive care work. Our hypothesis was that platforms are reconfiguring labour conditions, which could empower and/or exploit workers in ways qualitatively different from non-standard work off the platform. In order to interrogate this further, we studied several aspects of the work relationship, including wages, conditions of work, social security, skill levels, and worker surveillance off platforms.</p>
<h3>Methodology</h3>
<p style="text-align: justify; ">We borrowed from ethnographic methods and feminist principles to co-design and implement the research tools with grassroots workers and organisers. Between June to November 2019, we conducted 65 in-depth semi-structured interviews primarily in New Delhi and Bengaluru. A majority of these were with domestic workers who were seeking or had found work through platforms. We also did interviews with workers who had found work through traditional placement agencies to compare our findings, and with representatives from platforms, government labour departments, and workers collectives. Of the workers we interviewed, a majority were women, but men were included as well. Interviews in New Delhi were undertaken by CIS, while interviews with workers in Bengaluru were undertaken by grassroots activists in Bengaluru, affiliated with the Domestic Workers Rights Union (DWRU).</p>
<div></div>
<p style="text-align: justify; ">In implementing the data collection approach, we employed feminist methodological principles of intersectionality, self-reflexivity, and participation. The methodology draws on standpoint theory, which encourages knowledge production that centres the lived experiences of marginalised groups. We were acutely aware of our own positionality as high income, Savarna researchers studying a sector dominated by Dalit, Bahujan and Adivasi women from low income groups. This power differential was softened partially by involving DWRU through the course of the project. Workers across both field sites were also interviewed in spaces familiar to them, most often their homes, in languages that they were comfortable with including Hindi, Kannada, and Tamil.</p>
<div></div>
<p style="text-align: justify; ">Feminist principles also instrumental during the data analysis, with focus on intersectionality and self-reflexivity. We highlighted the ways in which inequalities of gender, income, migration status, caste, and religion are replicated and amplified in the platform economy. In particular, we discussed the impact of the digital gender gap in access and skills on workers’ ability to find economic opportunities.</p>
<h3></h3>
<h3>Findings</h3>
<p style="text-align: justify; ">Our typology of platforms mediating domestic work finds three types of platforms – (i) marketplace, or platforms that list workers’ data on their profile, provide certain filters for automated selection of a pool of workers, and charge a fee from customers for access to workers’ contact details, (ii) digital placement agency, or platforms that provide an end-to-end placement service to customers, identify appropriate workers on the basis of selection criteria, and negotiate conditions of work on behalf of workers, and (iii) on-demand platforms, or companies that provide services or ‘gigs’ such as cleaning on an hourly basis, performed by a roster of workers who are characterised as ‘independent contractors’.</p>
<div></div>
<p style="text-align: justify; ">When it comes to the role played by platforms in determining employment relations, there is a wide variation within and across platform categories. There are both weak and strong models of intervention. On one end of the spectrum are marketplaces, with minimal intervention in the recruitment process, and on the other on-demand platforms, that exact control over each aspect of work. Digital platforms reconfigure the conception of intermediaries in the domestic work sector, functioning as next-generation placement agencies. All three platform types contain aspects that provide workers agency, as well as those that reinforce their positions of low-power. Platform design impacts the role platforms play in setting conditions of work, but does not determine it entirely.</p>
<div></div>
<p style="text-align: justify; "><strong>(Re)shaping the terms of work</strong><br />Across the three types of platforms, wages are slightly higher than or matching those of workers off platforms. Some marketplace platforms have incorporated features to nudge customers towards setting higher wages, such as enforcing minimum wage standards, or informing customers of expected wages in their locality. Conversely, on-demand platforms charge a high rate of commission from workers, despite refusing to recognise them as employees. This indicates that this is a misclassification of an employment relationship, given that workers are unable to set their own conditions or wages for work. Despite the high rates of commission and appropriation of labour by platforms, on-demand workers earn higher wages than workers on other platforms. The relatively high wage is a result of marketing on-demand cleaning as professionalised and more skilled than day-to-day cleaning. Tasks in the sector continue to be distributed along the lines of gender and caste, as has historically been the case. Dalit, Bahujan and Adivasi women are more likely to take up work such as cleaning and washing dishes, while men and women across castes are equally distributed in cooking work. Women dominate tasks such as elderly and childcare, as in the traditional economy. Workers in professionalised tasks such as deep cleaning that requires technical equipment and chemicals are almost entirely men.</p>
<div></div>
<p style="text-align: justify; "><strong>Digital divides and workers’ agency</strong><br />We find that workers are primarily onboarded onto platforms by learning about it from other workers, through onboarding camps held by platforms, or offline advertising by platforms. Such in-person onboarding techniques allows workers with no digital access or literacy to register themselves on marketplace platforms and digital placement agencies.</p>
<div></div>
<p style="text-align: justify; ">However, we find that low levels of education and digital literacy continue to impact platformed labour by creating a strong informational asymmetry between workers and platforms. For instance, we find that women workers from low income communities have very little information about how platforms work, causing deep distrust. Workers with digital devices and literacy (and therefore a relatively better understanding of the functionality of the platform), physical mobility and the resources to bear indirect costs that were outsourced to them were at a significant advantage in finding better-paying jobs. Workers who were seeking flexibility and were not necessarily dependent on the platform for their primary income were also better placed than those entirely dependent on platforms. Women workers tended to be disadvantaged on all these counts, limiting their agency and capacity to reap the benefits of the platform economy.</p>
<div></div>
<p style="text-align: justify; ">Across the three types of platforms, systems of placement and ratings add to the information asymmetry, as workers are not aware of the impact of ratings on their ability to find work or charge better wages. Ratings and filtering systems also hard-code the impact of workers’ social characteristics on their work. Workers are unable to exercise control over their data, further undermining their agency vis-a-vis platforms and employers. We identify a clear need for collective bargaining structures to protect workers’ rights, although platformed domestic workers remained distant from both domestic work unions and emergent unions of platform workers in other sectors.</p>
<div></div>
<p style="text-align: justify; "><strong>Intersectionalities of formalisation</strong><br />We find that inequalities of caste, class, and gender that have historically shaped the sector continue to be replicated or even amplified in the platform economy. What remains clear is that platforms in the domestic work sector adopt the logics of this sector, more than the converse. Platformisation is conflated with formalisation, and it is within this vector, from complete informality to piecemeal formalisation, that platforms operate. Labour benefits do not take the form of labour protections or welfare entitlements that are the central function of formalisation processes. Instead, the so-called benefits are intended to transform domestic workers to participate within the logics and vagaries of the market.</p>
<h3>Policy Recommendations</h3>
<p style="text-align: justify; "><strong>Recognise and implement labour protections for domestic workers </strong><br />Domestic workers have historically occupied the most vulnerable positions in the workforce, with limited legal protections. Exposed to the regulatory grey areas that platforms operate in, this doubly exposes domestic workers to precarious conditions of work. Despite an avowed move towards formalisation of domestic work, platform-mediated labour continues to retain characteristics of informal labour, even heightening some.</p>
<div></div>
<p style="text-align: justify; ">If pushed to do so, platform companies can be instrumental in resolving some of the implementation challenges that governments have faced in enforcing legislative protections sought to be made available to domestic workers. Platforms have databases of workers, which can be used to mandatorily register them for social security schemes offered by the government. This data can also be used for better policy making, in the absence of reliable statistics particularly on migrant workers in the informal economy.<em><strong><br /></strong></em></p>
<p style="text-align: justify; "><strong>Reduce the protective gap between employment and self-employment </strong><br />The (mis)classification of “gig” work within labour law frameworks is still a matter that continues to be hotly debated within policy practitioners, legal scholarship, and civil society actors. Three positions, in particular, have been taken—treating gig workers as employees, independent contractors, or occupying a third intermediate category. More recently, there have been some legal victories guaranteeing employment protections and increasing platform companies’ accountability. However, these successes have been more visible in Global North jurisdictions.</p>
<div></div>
<p style="text-align: justify; ">Regardless of the resolution of these ongoing debates over employment status, labour frameworks should provide some universal protections to all categories of labour. Such protections must include universal coverage of social security, in addition to rights such as freedom of association, collective bargaining, equal remuneration and anti-discrimination. Policies geared towards achieving this objective would be significant in reducing the protective gaps between different categories of labour, and would particularly help historical and emerging occupational categories of workers such as “gig” workers and domestic workers.</p>
<div></div>
<p style="text-align: justify; "><strong>Recognise the specific challenge(s) and potential of platformisation of domestic work </strong><br />Platforms hold the potential of acting as effective facilitators in informal labour markets. Even when they do not replace existing recruitment pathways, they provide alternate ones. Workers were more likely to register on a platform if they were entering the domestic work labour market recently (often distress and migration driven), or had not enjoyed success with informal, word-of-mouth networks. However, platforms also heighten labour market insecurities, and create new ones. These potential risks need to be specifically recognised through appropriate frameworks, such as social security, discrimination law and data protection.</p>
<div></div>
<p style="text-align: justify; "><strong>Tailor policy-making to platform models </strong><br />We identify three types of platforms, each of which intervene to varying degrees in the work relationship. We recommend that digital placement agencies and marketplace platforms be registered with governments and enforce basic protections for workers such as provision of minimum wage, preventing abuse (including non-payment of wages) and trafficking. On-demand companies on the other hand, must be treated as employers, and workers be accorded employment protections including social security.</p>
<div></div>
<p style="text-align: justify; ">In addition to rights-based policy actions, legal-regulatory mechanisms geared towards mitigating the precariousness of platform-based work are required. This can take the shape of clarifying and expanding existing legal-regulatory formulations, or preparing new ones. Such policy making should factor in the power and information asymmetry between domestic workers (and gig workers, generally) and platforms.</p>
<div></div>
<p style="text-align: justify; ">Further, in the absence of health or retirement benefits, risks and indirect costs of operations are shifted from employers to workers. For instance, workers provide capital in the form of tools or equipment, support the fluctuation of business and income, and can be ‘deactivated’ from an application as a result of poor ratings or periods of inactivity. Any regulation aiming to extend employee status should mandate platforms to support such indirect costs.</p>
<h3>Related Publications</h3>
<p>1. <a class="external-link" href="https://www.genderit.org/articles/digital-mediation-of-reproductive-and-care-work">Research notes</a> with reflections from union members. <br />2. The <a class="external-link" href="https://cis-india.org/raw/platformisation-of-domestic-work-in-india-report-from-a-multistakeholder-consultation">event report</a> from a stakeholder consultation with workers, unions, companies and government representatives. <br />3. A <a class="external-link" href="https://www.genderit.org/articles/doing-standpoint-theory">reflection note</a> on the participatory approach taken by the project. <br />4. A <a class="external-link" href="https://library.fes.de/pdf-files/bueros/singapur/17840.pdf">paper</a> with a comparative analysis of the policy landscape on domestic work in the platform economy.</p>
<p>
For more details visit <a href='https://cis-india.org/raw/platforms-power-and-politics-perspectives-from-domestic-and-care-work-in-india'>https://cis-india.org/raw/platforms-power-and-politics-perspectives-from-domestic-and-care-work-in-india</a>
</p>
No publisherAayush Rathi, and Ambika TandonDigital EconomyResearchers at WorkPlatform-WorkFeaturedRAW ResearchHomepageDigital Domestic Work2021-07-07T15:19:37ZBlog EntryPlatformisation of Domestic Work in India: Report from a Multistakeholder Consultation
https://cis-india.org/raw/platformisation-of-domestic-work-in-india-report-from-a-multistakeholder-consultation
<b>On November 16, 2019, The Centre for Internet and Society invited officials from the Department of Labour (Government of Karnataka), members of domestic worker unions, domestic workers, company representatives, and civil society researchers at the Student Christian Mission of India House to discuss preliminary findings of an ongoing research project and facilitate a multistakeholder consultation to understand the contemporaneous platformisation of domestic work in India. Please find here a report from this consultation authored by Tasneem Mewa. </b>
<p> </p>
<h4>Report from the consultation: <a href="https://cis-india.org/raw/platformisation-of-domestic-work-in-india-report-february-2020/" target="_blank">Download</a> (PDF)</h4>
<h4>Agenda and details of the consultation: <a href="https://cis-india.org/raw/domestic-work-in-the-gig-economy-20191116" target="_blank">URL</a></h4>
<hr />
<h3>Introduction</h3>
<p>On November 16, 2019, The Centre for Internet and Society invited officials from the Department of Labour (Government of Karnataka), members of domestic worker unions, domestic workers, company representatives, and civil society researchers at the Student Christian Mission of India House to discuss preliminary findings of an
ongoing research project and facilitate a multistakeholder consultation to understand the contemporaneous platformisation of domestic work in India.</p>
<p>This collaborative project is being led by the the Centre for Internet and Society, India (CIS) together with Domestic Workers Rights Union (DWRU) in Bangalore. The research team comprises of Geeta Menon, Parijatha G.P., Sumathi, Radha K., and Zennathunnisa from DWRU, and Aayush Rathi and Ambika Tandon from CIS. Through a collective research process, this research team has explored the proliferation of digital platforms as a key intermediary in the domestic work sector, and in supporting or challenging deeply rooted structural inequities. For more information on the research project, see the project announcement published on the CIS website [1]. This work forms part of the Association for Progressive Communications’ <a href="https://www.apc.org/en/project/firn-feminist-internet-research-network" target="_blank">Feminist Internet Research Network</a> project, supported by the International Development Research Centre, Ottawa, Canada.</p>
<p>The multistakeholder consultation was structured in two segments: a) a presentation outlining initial observations and analysis, and b) a semi-moderated open discussion. Together, these sessions aimed to initiate conversations pertaining to the role of digital platforms, the legal classification of domestic and gig workers, and devising regulatory solutions to improve conditions of work. Preliminary findings were based on qualitative in-depth interviews with workers, platform companies, unions, skilling agencies, and labour officials in both Bengaluru and
New Delhi. Feminist approaches were employed in conducting these interviews, and participatory, consensual, reflexive and collaborative research was prioritised.</p>
<p>Situating the lived realities of domestic workers, the event sought to centre the voice of domestic workers in the consultation around the future of their work. The event had attendance from multilingual attendees. The original presentation was made in English, and Geeta Menon translated the presentation and the discussion that followed in Kannada [2].</p>
<p> </p>
<h3>Footnotes</h3>
<p>[1] Tandon, A., & Rathi, A. (2019, October 1). Digital mediation of domestic and care work in India: Project
Announcement. Retrieved from <a href="https://cis-india.org/raw/https://cis-india.org/raw/digital-domestic-work-india-announcement" target="_blank">https://cis-india.org/raw/digital-domestic-work-india-announcement</a></p>
<p>[2] Rathi, A. (2019, November 16). Domestic Work in the 'Gig Economy'. Retrieved from
<a href="https://cis-india.org/raw/domestic-work-in-the-gig-economy-20191116" target="_blank">https://cis-india.org/raw/domestic-work-in-the-gig-economy-20191116</a>; Tandon, A., & Rathi, A. (2019).
Domestic workers in the ‘gig’ economy [PowerPoint slides]. Retrieved from
<a href="https://cis-india.org/raw/domestic-work-and-platforms-presentation" target="_blank">https://cis-india.org/raw/domestic-work-and-platforms-presentation</a></p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/raw/platformisation-of-domestic-work-in-india-report-from-a-multistakeholder-consultation'>https://cis-india.org/raw/platformisation-of-domestic-work-in-india-report-from-a-multistakeholder-consultation</a>
</p>
No publishertasneemDigital EconomyRAW EventsDigital LabourResearchResearchers at WorkDigital Domestic Work2020-02-17T09:46:52ZBlog EntryMillions of Indians move from cash to digital payments. But some ask whether it’s safe
https://cis-india.org/internet-governance/news/washington-post-january-14-2017-rama-lakshmi-millions-of-indians-move-from-cash-to-digital-payments
<b>Minutes after Indian Prime Minister Narendra Modi began an ambitious new mobile-phone-payment application in December, several clones of the app popped up at Android smartphone stores.</b>
<p style="text-align: justify; ">The article by Rama Lakshmi was <a class="external-link" href="https://www.washingtonpost.com/world/asia_pacific/millions-of-indians-move-from-cash-to-digital-payments-but-some-ask-whether-its-safe/2017/01/13/e807ebf0-ae9b-488b-9eb1-1dcba80ba984_story.html?utm_term=.fc710ade922b">published by Washington Post</a> on 14 January 2017, Sunil Abraham was quoted. Annie Gowen contributed to this report.</p>
<hr style="text-align: justify; " />
<p style="text-align: justify; ">In the first few days, users were flooded with <a href="http://www.livemint.com/Industry/Q1z2di95uWbhcSMUKcx1SK/BHIM-app-users-raise-security-concerns-within-first-week.html">spam</a> requests for money.</p>
<p style="text-align: justify; ">The Bhim app sponsored by the government was rushed out after Modi’s abrupt <a href="https://www.washingtonpost.com/world/asia_pacific/india-invalidates-large-bank-notes-in-crackdown-on-crime/2016/11/08/cc705ee2-a5c6-11e6-ba46-53db57f0e351_story.html?tid=a_inl&utm_term=.1e0d0920f753">withdrawal</a> of large currency bills two months ago. More than 10 million people downloaded it in just 10 days, but in a country where awareness and regulation of <a href="https://www.washingtonpost.com/world/asia_pacific/privacy-concerns-grow-in-india/2012/01/26/gIQAyM0UmQ_story.html">privacy</a>, data protection and digital <a href="http://timesofindia.indiatimes.com/business/india-business/None-of-mobile-payment-apps-in-India-fully-secure-warns-Qualcomm/articleshow/55967778.cms">security</a> are low, the number of cyberattacks is rising.</p>
<p style="text-align: justify; ">“We are rushing toward launching and using these plethora of financial tech apps without the exhaustive security testing and education that is needed,” said Sunil Abraham, executive director of the Center for Internet and Society. “We are operating in a bit of a regulatory vacuum.”</p>
<p style="text-align: justify; ">Modi’s ambitious move to swap old bills for new was intended to fight the hoarding of <a href="https://www.washingtonpost.com/world/asia_pacific/india-targets-tax-evaders-who-hide-black-money-at-home-and-abroad/2015/09/04/2532b7c2-50c4-11e5-b225-90edbd49f362_story.html?utm_term=.6a8c7baf45d0">illicit</a> cash reserves. But it was derailed by shoddy implementation, left citizens in Asia’s third-largest economy without <a href="https://www.washingtonpost.com/world/panic-anger-and-scramble-to-stash-cash-amid-indias-black-money-squeeze/2016/11/10/32cb222a-565a-4c6f-8d40-59257c042109_story.html?utm_term=.6316c5fcb192">cash</a> for weeks, slowed <a href="https://www.washingtonpost.com/world/indias-currency-crisis-is-stalling-small-industries-and-sending-workers-home/2016/12/24/5a2d3aea-c7b2-11e6-acda-59924caa2450_story.html?utm_term=.ad60424e45f2">manufacturing</a> and sent workers home, and is now likely to significantly affect the country’s economic growth this year, economists say. It was acutely painful for a country where 80 percent of transactions were conducted with cash.</p>
<p style="text-align: justify; ">Modi quickly responded by turning the adversity into a call for Indians to kick their overwhelming dependence on <a href="https://www.washingtonpost.com/world/asia_pacific/indians-like-to-pay-cash-the-government-is-now-forcing-them-to-swipe-cards/2016/12/16/58a5a42c-c0a6-11e6-b527-949c5893595e_story.html">cash</a> and opt for digital payments overnight. The Bhim app is just one of many available. But in this leap, experts say, security concerns are being overlooked.</p>
<p style="text-align: justify; ">The new payment apps and e-wallet companies are governed by India’s outdated information technology law of 2008 and central bank guidelines.</p>
<p style="text-align: justify; ">“India urgently needs a new digital payment law that regulates all these mobile payment apps that have sprung up overnight,” said Pavan Duggal, a cyber-law expert. “We are right now in a completely uncharted and unsupervised territory legally. The norms for wallet companies are undefined. If I lose my money due to a fraud, I can go round and round in circles with no remedy.”</p>
<p style="text-align: justify; ">The central bank recently issued guidelines asking payment banks to carry out security audits, but Duggal said “there is no penalty or punishment for noncompliance.”</p>
<p style="text-align: justify; ">The problem is compounded by the fact that education about security risks online is abysmally sparse, especially in India’s small towns and villages. Indians are complacent about cyber risks in their online behavior, according to the Norton Cyber Security Insights <a href="http://indianexpress.com/article/technology/tech-news-technology/indian-users-complacent-when-it-comes-to-cyber-security-norton-report/">Report</a>. India does not have a privacy law.</p>
<p style="text-align: justify; ">India reported more than 39,000 incidents of cyberattacks in the first nine months of 2016, <a href="http://164.100.47.190/loksabhaquestions/annex/10/AS16.pdf">according</a> to the government, including phishing, scanning and probing, website intrusions, defacements, virus and malicious code, and denial-of-service attacks.</p>
<p style="text-align: justify; ">“The Pentagon got hacked, right? You haven’t closed down the Pentagon as yet,” said Piyush Goyal, a minister. “These things will happen, and we have to be one step ahead of the hackers and the so-called security breaches and continuously improving and improvising as they do in America or other developed economies.”</p>
<p style="text-align: justify; ">In October, top banks had to fix the security codes of about 3.2 million debit cards in one of the biggest data breaches in India. Some users complained that their cards had been used in China.</p>
<p style="text-align: justify; ">Last month, <a href="https://www.washingtonpost.com/news/worldviews/wp/2016/12/12/the-man-hacking-indias-rich-and-powerful-talks-motives-music-drugs-and-next-targets/?utm_term=.33bc426ae67a">hackers</a> attacked Twitter and email accounts of prominent politicians and journalists and defaced the website of the National Security Guard, an elite commando force.</p>
<p style="text-align: justify; ">“The focus of global hackers has shifted to India. The cyber risk is a direct fallout of the growth in the number of digital users,” said Saket Modi, the chief executive of Lucideus Tech, the firm that conducted the security audit of the government’s Bhim app.</p>
<p style="text-align: justify; ">Since the cash crunch began, the largest private e-wallet company, Paytm, has experienced a 400 percent jump in new downloads.</p>
<p style="text-align: justify; ">But only <a href="http://gadgets.ndtv.com/telecom/news/mobile-internet-subscribers-in-india-reached-34265-million-in-march-sinha-863186" shape="rect">342 million people</a> access the Internet on their mobile phones. The government has introduced dial-in service for those who have basic cellphones to make digital payments.</p>
<p style="text-align: justify; ">The government is airing radio jingles telling citizens not to share their personal identification numbers and has a toll-free helpline to teach people how to make online payments.</p>
<p style="text-align: justify; ">“Officials understand how security worries can be a big dampener in their campaign to get people to go digital,” said Vinayak Godse, senior director at the Data Security Council of India, an industry body that advises the government.</p>
<p style="text-align: justify; ">But in a trade-off between convenience and security, the central bank recently <a href="http://tech.economictimes.indiatimes.com/news/internet/payment-firms-applaud-rbis-move-to-relax-2-factor-authentication-for-small-value-transactions/55858515">waived</a> the mandatory two-factor authentication for transactions less than $30 online.</p>
<p style="text-align: justify; ">Some cybersecurity experts say that Indians are not ready for this step.</p>
<p style="text-align: justify; ">The police recently arrested a gang in the eastern state of Jharkhand; operators were calling people posing as bank executives and tricking them into sharing their card details. They used the cards to do online shopping and transferred money into their e-wallet accounts.</p>
<p style="text-align: justify; ">“People are gullible and can be threatened or lured to part with their bank details easily. We need as many safeguards as we can have,” said Surendra Kumar, a senior police officer in New Delhi who busted the gang.</p>
<p style="text-align: justify; ">But the biggest problem people face is that police in one state get very little cooperation from those in another state in digital-crime complaints, said Rakshit Tandon, a cybersecurity expert who trains police, military members and school students.</p>
<p style="text-align: justify; ">“Only in big-ticket frauds will police departments from different states coordinate their investigations,” Tandon said. “If a person loses a relatively smaller amount digitally, the case won’t go far. Even though that amount may mean a lot in that person’s life.”</p>
<p style="text-align: justify; "> </p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/news/washington-post-january-14-2017-rama-lakshmi-millions-of-indians-move-from-cash-to-digital-payments'>https://cis-india.org/internet-governance/news/washington-post-january-14-2017-rama-lakshmi-millions-of-indians-move-from-cash-to-digital-payments</a>
</p>
No publisherpraskrishnaDigital MoneyInternet GovernanceDigital GovernanceDigital Economy2017-01-16T02:52:33ZNews ItemMediaNama - #NAMAprivacy: The Future of User Data (Delhi, Sep 6)
https://cis-india.org/internet-governance/news/medianama-namaprivacy-the-future-of-user-data-delhi-sep-6
<b>MediaNama is hosting a full day conference on "the future of user data in India", on the 6th of September 2017, which is particularly significant given the recent Supreme Court ruling on the fundamental right to privacy, and two government consultations: one at the TRAI, and another at MEITY. This discussion is supported by Facebook, Google, and Microsoft. Sumandro Chattapadhyay, Research Director, will participate as a speaker in the session titled "regulating storage, sharing and transfer of data."</b>
<p> </p>
<h4>Details</h4>
<p>Time: September 6th 2017, 9 am to 4:30 pm</p>
<p>Venue: Gulmohar Hall, India Habitat Centre, Lodhi Road (please enter from Gate #3)</p>
<p>Agenda: <a href="https://www.medianama.com/2017/08/223-agenda-namaprivacy-future-of-user-data/">https://www.medianama.com/2017/08/223-agenda-namaprivacy-future-of-user-data/</a></p>
<h4>Announced Speakers</h4>
<ul><li>Chinmayi Arun, Centre for Communication Governance at NLU Delhi</li>
<li>Malavika Raghavan, IFMR Finance Foundation</li>
<li>Renuka Sane, NIPFP</li>
<li>Smitha Krishna Prasad, Centre for Communication Governance at NLU Delhi</li>
<li>Ananth Padmanabhan, Carnegie India</li>
<li>Avinash Ramachandra, Amazon</li>
<li>Hitesh Oberoi, Naukri</li>
<li>Jochai Ben-Avie, Mozilla</li>
<li>Mrinal Sinha, Mobikwik</li>
<li>Murari Sreedharan, Bankbazaar</li>
<li>Sumandro Chattapadhyay, Centre for Internet and Society</li></ul>
<h4>Facilitators</h4>
<ul><li>Saikat Datta, Asia Times Online</li>
<li>Shashidar KJ, MediaNama</li>
<li>Nikhil Pahwa, MediaNama</li></ul>
<h4>Attendees</h4>
<p>We have confirmed 140+ attendees from: Adobe, Amber Health, Amazon, APCO Worldwide, Bank Bazaar, Bloomberg-Quint, Blume Ventures, Broadband India Forum, Business Standard, BuzzFeed News, CCOAI, CEIP, Change Alliance, Chase India, CIS, CNN News18, DEF, Deloitte, DNA, DSCI, E2E Networks, British High Commission, Eurus Network Services, FICCI, Firefly Networks, Flipkart, Forrester Research, Fortumo, DoT, MEITY, IAMAI, IBM, ICRIER, IFMR Finance Foundation, IIMC, Indian Law Institute, Indic Project, Info Edge, ISPAI, IT for Change, ITU-APT, Jamia Millia Islamia, Jindal Global Law School, Mimir Technologies, Mozilla, Newslaundry, NIPFP, Nishith Desai Associates, NIXI, NLU-Delhi, ORF, Paytm, PLR Chambers, PRS Legislative Research, Publicis Groupe, Quartz India, Reliance Jio, Reuters, Saikrishna & Associates, Scroll.in, SFLC.in, Spectranet, The Economics Times, The Indian Express, The Times of India, The Wire, Times Internet, Twitter, and more.</p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/news/medianama-namaprivacy-the-future-of-user-data-delhi-sep-6'>https://cis-india.org/internet-governance/news/medianama-namaprivacy-the-future-of-user-data-delhi-sep-6</a>
</p>
No publishersumandroBig DataDigital EconomyPrivacyInternet GovernanceData GovernanceData ProtectionDigital Rights2017-09-05T10:22:12ZBlog EntryLabour futures: Intersectional responses to southern digital platform economies
https://cis-india.org/raw/labour-futures-intersectional-responses-to-southern-digital-platform-economies
<b>It is our great pleasure to announce that we are undertaking a two-year research project to comprehensively analyse dominant and emerging sectors in India’s platform economies. The project is funded by a research grant of USD 200,000 from the Internet Society Foundation.</b>
<p> </p>
<p>The works emerging from this project will directly inform the ongoing challenges that various stakeholders are encountering in negotiating policy-making for the platform economy. It will attempt to address these challenges by bringing forth a southern and worker-first understanding of the platform economy. In the immediate term, the project will speak to labour law "reforms" underway in India. In the long term, it will engage with historical and forthcoming policy discourse regionally and in India around regulation of e-commerce, trade, competition, and digital platforms.</p>
<h3>Provocations</h3>
<p>Few recent developments in recent times have attracted as much public and scholarly and policy attention as the platform economy (and it’s various terminologies such as sharing/gig/on-demand economy). While it is widely acknowledged that the platform economy is rapidly growing, very little is known about its size other than monetary estimates of market size. Reliable quantitative data on even some of the fundamental aspects of the platform economy has been unavailable. Platform companies have been notoriously averse to publishing open datasets, and the dispersed nature of the platforms and their workforces has made data collection particularly challenging. Innovative methodologies of data collection are urgent.</p>
<p>Another reason for the increasing attention has been the increasing embeddedness of platforms in urban infrastructures, and their central role in urban life. Several camps building approaches to and analyses of the platform economy have already been set-up across and within disciplines. Economists have offered a narrative of platform work that emphasises efficiency and opportunity, with some discussion of disruption of employment relations. Sociological work has focused on two main topics to explain outcomes for platform work—precarity, which focuses on employment classification and insecure labour, and technological control via algorithms. Both of these suggest exploitative experiences of platform labour.</p>
<p>Despite a global proliferation of digital platforms and their integration within numerous urban operations, much of the examination around these tools has tended to focus on their implementation within northern cities. Qualitative work in southern contexts is growing, and has been rich, but has often used similar analytical lenses as work in the North. This is showcased by the outsized attention paid in scholarship to models of labour platformisation referred to with the monikers ‘Uberisation’ and ‘Uber for X’, which limit the imagination of the platform economy to on-demand work. This research team’s work of platformisation in the domestic work sector in India has shown how such work, while crucial, essentialises a male and techno-centric formulation of the experiences of platform labour. There is an urgent need for a southern-led analytic approach to platform economies, which emphasises labour force intersectionalities, informalities in southern contexts, connections to conventional labour markets economics and regulation, and institutional voids in southern economies.</p>
<h3>Hypothesis and research questions</h3>
<p>The central hypothesis for this research project is that the generation of systematic macro-level data and robust regulatory documentation will lead to effective policy-making and advocacy. This can achieve secure and gainful labour market outcomes for workers in rapidly digitising southern economies. Achieving these outcomes will require multi-pronged strategies that can create pathways for structural changes. Such strategies include top-down approaches which will support regulatory and legislative policies, and judicial action through evidence-building. We will also focus on the embedding of bottom-up approaches in regulatory processes such as through workers’ organisation and resistance.</p>
<p>The broad research questions for this project are:</p>
<ul>
<li>What are the determinants and characteristics, historical and emergent, of digital platform entities’ recruitment, workforce management and economic value creation strategies?<br /><br /></li>
<li>What institutional roles, vis-à-vis civil society, markets and the state, are digital platform entities in the global south(s) occupying and seeking to occupy?<br /><br /></li>
<li>What are (a) regulatory, (b) corporate policy and (c) individual/collective labour responses that can generate equitable and gainful outcomes for workers in the digital platform economies?</li></ul>
<h3>Research team</h3>
<p>The research project will be led by Aayush Rathi and Ambika Tandon, along with Amber Sinha. Shayna Robinson, from the Internet Society Foundation, will be supporting our endeavours.</p>
<h3>Work with us</h3>
<p>The success of this project will be contingent on inter/trans-disciplinary approaches to generate sustainable and gainful work outcomes for the bodies labouring in the platform economies. In addition to stakeholder groups directly engaged in the platform economies, we plan to work with a diverse set of individuals and groups, including public interest technologists, economists, practitioners, labour and technology historians, and designers.</p>
<p>If you are interested in contributing to this project and collaborating on similar agendas, do reach out to either Aayush Rathi (<a href="mailto:aayush@cis-india.org">aayush@cis-india.org</a>) or Ambika Tandon (<a href="mailto:ambika@cis-india.org">ambika@cis-india.org</a>).</p>
<p>Do keep an eye out on CIS’s website and social media handles for listings of specific work opportunities on this and other projects. One such opportunity is <a href="https://cis-india.org/jobs/call-for-applications-researcher-labour-and-digitisation" target="_blank">here</a>.</p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/raw/labour-futures-intersectional-responses-to-southern-digital-platform-economies'>https://cis-india.org/raw/labour-futures-intersectional-responses-to-southern-digital-platform-economies</a>
</p>
No publisherAayush Rathi and Ambika TandonDigital LabourLabour FuturesDigital Economy2021-01-27T08:43:36ZBlog EntryInputs to the Report on the Non-Personal Data Governance Framework
https://cis-india.org/raw/inputs-to-report-on-non-personal-data-governance-framework
<b>This submission presents a response by researchers at the Centre for Internet and Society, India (CIS) to the draft Report on Non-Personal Data Governance Framework prepared by the Committee of Experts under the Chairmanship of Shri Kris Gopalakrishnan. The inputs are authored by Aayush Rathi, Aman Nair, Ambika Tandon, Pallavi Bedi, Sapni Krishna, and Shweta Mohandas (in alphabetical order), and reviewed by Sumandro Chattapadhyay.</b>
<p> </p>
<h4>Text of submitted inputs: <a href="https://cis-india.org/raw/files/cis-inputs-to-report-on-non-personal-data-governance-framework" target="_blank">Read</a> (PDF)</h4>
<h4>Report by the Committee of Experts on Non-Personal Data Governance Framework: <a href="https://static.mygov.in/rest/s3fs-public/mygov_159453381955063671.pdf" target="_blank">Read</a> (PDF)</h4>
<hr />
<h2>Inputs</h2>
<h3>Clause 3.7 (v): The role of the Indian government in the operation of data markets</h3>
<p>While highlighting the potential for India to be one of the top consumer and data markets of the world, it also sheds light on the concern about the possibility of data monopolies. The clause envisions the role of the Indian government as a regulator and a catalyst for domestic data markets.</p>
<p>In doing so, the clause does not acknowledge that the proactive and dominant roles of the Indian government in generation and reuse of data, based on the existing data collection practices, as well as the provisions that have been given, as under the compulsory sharing provisions in the Report, and would continue to be given by the Personal Data Protection Bill. In reality, the Indian government’s role is not just of a catalyst but also of a key player, potentially with monopolistic market power, in the domestic data market, especially due to the ongoing data marketplace initiatives as detailed in published policy and vision documents. [1]</p>
<h3>Clause 3.8 (iv): Introducing collective privacy</h3>
<p>The introduction of collective privacy has initiated an overdue discussion at the policy level to arrive at privacy formulations that account for limitations in the contemporary dominant social, legal and ethical paradigms of privacy premised on individual interests and personal harm. The notion of collective privacy has garnered contemporary attention with the rise of data processing technologies and business models that thrive on the collection and processing of aggregate information.</p>
<p>While the Report acknowledges that collective privacy is an evolving concept, it doesn’t attempt to define either collective or what privacy could entail in the context of a collective. The postulation of collective privacy as a legally binding right is bereft with challenges in both domestic and international legal frameworks. [2]</p>
<p>Central to these challenges is the representation of the group of the entity. While the Report illustrates harms that may be incurred by certain collectives that collective privacy could protect against, these illustrated collectives are already recognised in law as rights-holding groups (society members, for example), and/or share pre-determined attributes (sexual orientation, for example).</p>
<p>The Report does not acknowledge that the very technological processes that may have rendered the articulation of collective privacy necessary, also are intended to create ad-hoc and newer sets of individuals or groups with shared attributes. [3] In doing so, the Report furthers an ontology of groups having intuitive, predetermined attributes that exist naturally, or in law, whereas the intervention of data collection and processing technologies can determine shared group attributes afresh. Moreover, the Report also ignores that predetermined attributes are static, and in doing so, ignores a vast existing literature speaking to fluidity of identities and the intersectionality of identities that individuals in groups occupy. [4] We fully appreciate the challenges these pose in the determination of the legal contours of collective privacy. Much of the Report’s recommendations are premised on the idea of a predetermined collective, rendering more granular exploration of these ideas urgent.</p>
<p>Further, the Report also puts forth a limited conception of privacy as a safeguard against data-related harms that may be caused to collectives. In doing so, it dilutes the conceptualisation of individual privacy as articulated in Justice K. S. Puttaswamy (Retd.) and Anr. vs Union Of India And Ors. Notwithstanding this dilution, the illustrations also only indicate harms that may be caused by private actors. Any further recommendations should envision the harms that may also be caused by public data-driven processes, such as those incubated within the state machinery.</p>
<h3>Clause 4.1 (iii) and Recommendation 1: Defining Non-Personal Data</h3>
<p>The Report proposes the definition of non-personal data to include (i) data that was never related to an identified or identifiable natural person, and (ii) aggregated, anonymised personal data such that individual events are “no longer identifiable”. In doing so, they have attempted to extend protections to categories of data that fall outside the ambit of the Personal Data Protection Bill, 2019 (hereafter “PDP Bill”). The Report is cognizant of the fallible nature of anonymization techniques but fails to indicate how these may be addressed.
The test of anonymization in regarding data as non-personal data requires further clarification. Anonymization, in and of itself, is an ambiguous standard. Scholarship has indicated that anonymised data may never be completely anonymous. [5] Despite this, the PDP Bill proposes a high threshold of zero-risk of anonymization in relation to personal data, to mean “such irreversible process of transforming or converting personal data to a form in which a data principal cannot be identified”. From a plain reading, it appears that the Report proposes a lower threshold of the anonymization requirements governing non-personal data. It is unclear how non-personal data would then be different from inferred data as described within the definition of personal data under the PDP Bill. This adds regulatory uncertainty making it imperative for the Committee to articulate bright-line, risk-based principles and rules for the test of anonymization. Such rules should also indicate the factors that ought to be taken into account to determine whether anonymization has occurred and the timescale of reference for anonymization outcomes. [6]</p>
<p>The recommendation also states that the data principal should "also provide consent for anonymisation and usage of this anonymized data while providing consent for collection and usage of his/her personal data". However the framing of this recommendation fails to mention the responsibility of the data fiduciary to provide notice to the data principal about the usage of the anonymized data while seeking the data principal’s consent for anonymization. The notice provided to the data principal should provide clear indication that consent of the data principal is based on their knowledge of the use of the anonymized data.</p>
<h3>Clause 4.8 (i), (ii): Function of data custodians</h3>
<p>The Report does not make it clear who may perform the role of data custodians. The use of data fiduciary indicates the potential import of the definition of ‘data fiduciary’ as specified under Clause 3.13 of the PDP Bill. However, this needs to be further clarified.</p>
<h3>Clause 4.8 (iii): Data custodians’ “duty of care”</h3>
As is outlined in the following section on data trustees, it can be difficult for a singular entity to maintain a duty of care and undertake actions with the best interest of a community when that community consists of sub-communities that may be marginalised.
Further, ‘duty of care’, ‘best interest’, and ‘absence of harm’ are not sufficient standards for data processing by data custodians. Recommendations to the effect of obligating data custodians to uphold the rights of data principals, including economic and fundamental rights need to be incorporated in the framework.
<h3>Clause 4.9: Data trustees</h3>
<p>The committee’s suggestion that the “most appropriate representative body” should be the data trustee—that often being either the corresponding government entity or community body— is reasonable at face value. However, in the absence of any clear principles defining what constitutes “most appropriate” there are a number of potential issues that can appear:</p>
<p><strong>Lack of means for selecting a data trustee:</strong> The report makes note of the fact that both private and public entities can be selected to be data trustees but offers no principles on how these data trustees can be selected, i.e. whether they are to be directly selected by the members of a community, and if so how. Any selection criteria or process prescribed has to keep in mind the following point regarding the potential lack of representation for marginalised communities that could arise from a direct selection of a data trustee by a group of people.</p>
<p><strong>Issues of having a single data trustee for large scale communities and when dealing with marginalised communities:</strong> The report assumes that in instances wherein a community is spread across a geographic region, or consists of multiple sub-communities, then the data trustee will be the closest shared government authority (for example, the Ministry of Health and Family Welfare, Government of India being the data trustee for data regarding diabetes among Indian citizens).</p>
<p><strong>This idea of a singular data trustee assumes that the ‘best interests’ of a community are uniform across that community. This can prove problematic especially when dealing with data obtained from marginalised communities that forms a part of a wider dataset.</strong> It is entirely possible to imagine that a smaller disenfranchised community may have interests that are not aligned with the general majority. In such a situation the Report is unclear as to whether the data trustee would have to ensure that the best interests of all groups are maintained, or would they be responsible for ensuring the best interests of the largest number of people within that community.
There are power differentials between citizens, government agencies, and other entities described by the Report. This places citizens at risk of abuse of power by government entities in their role as trustees, who are effectively being empowered through this policy framework as opposed to a representative mechanism. It is recommended that data trustees be appointed by relevant communities through clear and representative mechanisms. Additionally, any individual should be able to file complaints regarding the discharge of community trust by data trustees. This is necessary as any subsequent rights vested in the community can only be exercised through the data trustee, and become unenforceable in the lack of an appropriate data trustee.</p>
<p>Any legislation that arises on the basis of this report will therefore have to not only provide a means for selecting the data trustee, but also safeguards for ensuring that data collected from marginalised communities are used keeping in mind their specific best interests—with these best interests being informed through consultation with that community.</p>
<h3>Clause 4.10 (iii): Data trusts</h3>
<p>Section 4.10 (iii) notes that data custodians may voluntarily share data in these data trusts. However it is unclear if such sharing must be done with the express consent of the relevant data trustee.</p>
<h3>Clause 4.10 (iv): Mandatory sharing and competition</h3>
<p>The fundamental premise of a mandatory data sharing regime seems increasingly distant from its practical impacts. The EU which earlier championed the cause now seems reluctant to further it on the face of studies which skews towards counteractive impacts of such steps. Such steps could apply to huge volumes of first-party data companies collect on their own assets, products and services, even though such data are among the least likely to create barriers to entry or contribute to abuses of dominant positions. [7] This is hence likely to bring in more chilling effect on innovation and investment than a pro-competition environment. The velocity of big data also adds to the futility of such data sharing mandates. [8] It is recommended that a sectoral analysis of this mandate be undertaken instead of an overarching stipulation.</p>
<p>The Report suggests extensive data sharing without addressing the extent of obligation on the private players to submit to these requests and process them. The availability of meta-data about the data collected may be made easily accessible under mandates of transparency. However, the access to the detailed underlying data will be difficult in most cases due to the current structure of entities functioning in cyberspace, evidenced by the lack of compliance to such mandates by Courts of Law in the EU. Such a system can easily eliminate the comparative advantage of smaller players, helping larger players with more money at their disposal enabling their growth and throttling the smaller players. It could have serious implications on data quality and integrity through the sharing of erroneous data. Access to superior quality digital services in India may also have to be compromised. If this regime is furthered without amends to address these concerns, it might end up counter productive.</p>
<h3>Clause 5.1 (iv): Grievance redressal against state’s role</h3>
<p>This clause acknowledges the vast potential for government authorities and other bodies to abuse their power as data trustee. In addition, it should describe the setting up of impartial and accessible mechanisms for citizens to complain against such abuse of power and appropriate penalties, including the removal of the data trustee.</p>
<h3>Chapter 7, Recommendation 5: Purpose of data-sharing</h3>
<p>Recommendation 5 leaves scope for “national security” as a sovereign purpose for data sharing. This continues to be in line with the trend of having an overarching national security clause, as in the Personal Data Protection Bill, 2019. There could be provisions made to enable access to data for sovereign purposes without such broad definition, replacing it based on constitutional terms which will limit it to the confines laid down in the Constitution. This will effectively curb any misuse of the provision and strongly embed the proposed regulation of non-personal data on constitutional ethos. This can also prevent future conflicts with the fundamental rights.</p>
<p>Platform companies have leveraged their position in society to take on an ever-greater number of quasi-public functions, exercising new forms of unaccountable, transnational authority. It is not difficult to imagine that this trend can continue to non-platform companies, or even taken forward by these very entities which also have access to a large chunk of non-personal data. A strict division between sovereign purposes and core public interest purposes seems difficult. However, it is imperative to have a clearer definition of core public interest purposes and sovereign purposes. The broad based definition may facilitate reduced accountability. Separating government actions from sovereign purposes could bring forth the power imbalance between the State and its people, while in the case of the non-governmental entities, it will facilitate encroachment of government functions by private players. Both these cases may not consider the best interest of the data generators, or the people at large.</p>
<h3>Clause 7.1 (i): Data needs of law enforcement</h3>
<p>Clause 7.1 (i) allows for acquisition of data governed by this framework for crime mapping, devising anticipation and preventive measures, and for investigations and law enforcement. While this may be necessary to be granted to law enforcement in certain cases, this should happen only with an express permission of a court of law. Blanket executive access allows higher possibility of misuse by the people involved in law enforcement.</p>
<h3>Clause 7.2 (iv): Use of health data as a pilot</h3>
<p>The clause suggests the use of health sector data as a pilot use-case. This is highly undesirable due to the inherent nature of high sensitivity of the larger part of data related to the health sector. The high vulnerability of such data to harm the data principals should act as a deterrent in using this as the pilot use-case. Given the mass availability of data related to the health sector due to the pandemic, it creates further points of vulnerabilities which can be illegally monetised and misappropriated. It is recommended that this proposal be scrapped altogether.</p>
<h3>Clause 7.2 (iii): Power of government bodies</h3>
<p>As per this clause, data trustees or government bodies (who could also be acting as data trustees) can make requests for data sharing and place such data in appropriate data infrastructures or trusts. This presents a conflict of interest, as a data trust or government body can empower itself to be the data trustee. Such cases should be addressed within the scope of the framework.</p>
<h3>Clause 8.2 (vii): Level-playing field for all Indian actors</h3>
<p>In terms of this clause the “Non-Personal Data Authority (Authority) will ensure a level playing field for all Indian actors to fulfil the objective of maximising Indian data’s value to the Indian economy”. The emphasis on ensuring a level playing field for only Indian actors instead of non-discriminatory platform for all concerned actors irrespective of the country/nationality of the actor has the potential of violating India’s trade obligations under the WTO. Member states of the WTO are essentially restricted from discriminating between products and services coming from different WTO Members, and between foreign and domestic products and services unless they can avail of exceptions. There is also no clarity on what constitutes ‘Indian Actors’, would a Multi-National Corporation with its headquarters in a foreign State, but its subsidiaries in India also come within its ambit.</p>
<h3>Clause 8.2 (x): Composition of the Authority</h3>
<p>Clause 8.2 (x) states that the Authority will have some members with relevant industry experience. However, apart from this clause, the report is silent on the composition of the Authority. The report recognises that Authority will need individuals/organisations with specialised knowledge, i.e. data governance, technology, latest research and innovation in the field of non-personal data), however, it does not mention or refer to the role of civil society organisations and the need for representation from such organisations in the Authority.</p>
<p>The report frequently alludes to non-personal data being used for the best interest of the data principal and therefore, it is essential that the composition of the Authority reflect the inherent asymmetry of power between the data principal and the State. Considering that the Authority will also be responsible for sharing of community data and with determining the code of conduct for sharing of such data, it is important that the Authority also has adequate representation from civil society organisations along with groups or individuals having the necessary technological and legal skills.</p>
<h3>Clause 8.2 (iii) and (vi): Roles and Responsibility of the Authority</h3>
<p>A majority of the datasets in the country comprise of ‘mixed datasets’, i.e. it consists of both personal and non-personal data. However, there is lack of clarity about the coordination between the Data Protection Authority constituted under the PDP Bill and the Non-Personal Data Authority with regard to the regulation of such datasets. The Report refers to the European Union which provides that the Non-Personal Data Regulation applies to the Non-Personal Data of mixed datasets; if the Non-Personal Data part and the personal data parts are ‘inextricably linked’, the General Data Protection Regulation apply to the whole mixed dataset. However, it is unclear whether the Report also proposes the same mechanism for the regulation of mixed datasets.</p>
<p>Further, the contours of the enforcement role of the Committee should be specified and clearly laid down. Will the Committee also have penal powers as prescribed for the Data Protection Authority under the PDP Bill? Also, will the privacy concerns emanating from the risk of re-anonymisation of data be addressed by the NPD Committee or by the DPA under the PDP Bill. Ideally, it should be specified that any such privacy concerns will fall within the domain of the DPA as the data is then converted into personal data and the DPA will be empowered to deal with such issues.</p>
<h3>Endnotes</h3>
<p>[1] See Ministry of Health and Family Welfare. (2020). National Digital Health Blueprint. Government of India. <a href="https://main.mohfw.gov.in/sites/default/files/Final%20NDHB%20report_0.pdf">https://main.mohfw.gov.in/sites/default/files/Final%20NDHB%20report_0.pdf</a>; Tandon, A. (2019). Big Data and Reproductive Health in India: A Case Study of the Mother and Child Tracking System. <a href="https://cis-india.org/raw/big-data-reproductive-health-india-mcts">https://cis-india.org/raw/big-data-reproductive-health-india-mcts</a></p>
<p>[2] Taylor, L., Floridi, L., van der Sloot, B. eds. (2017) Group Privacy: new challenges of data technologies. Dordrecht: Springer.</p>
<p>[3] Mittelstadt, B. (2017). From Individual to Group Privacy in Big Data Analytics. Philos. Technol. 30, 475–494.</p>
<p>[4] See Taylor, L., Floridi, L., van der Sloot, B. eds. (2017) Group Privacy: new challenges of data technologies. Dordrecht: Springer; Tisne, M. (n.d). The Data Delusion: Protecting Individual Data Isn't Enough When The Harm is Collective. Stanford Cyber Policy Centre. <a href="https://cyber.fsi.stanford.edu/publication/data-delusion">https://cyber.fsi.stanford.edu/publication/data-delusion</a></p>
<p>[5] Rocher, L., Hendrickx, J.M. & de Montjoye, Y. (2019). Estimating the success of re-identifications in incomplete datasets using generative models. Nat Commun 10, 3069 . <a href="https://doi.org/10.1038/s41467-019-10933-3">https://doi.org/10.1038/s41467-019-10933-3</a></p>
<p>[6] Finck, M. & Pallas, F. (2020). They who must not be identified—distinguishing personal from non-personal data under the GDPR. International Data Privacy Law, 10 (1), 11–36. <a href="https://doi.org/10.1093/idpl/ipz026">https://doi.org/10.1093/idpl/ipz026</a></p>
<p>[7] European Commission (2020). Communication From The Commission To The European Parliament, The Council, The European Economic And Social Committee And The Committee Of The Regions: A European strategy for data. <a href="https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1593073685620&uri=CELEX:52020DC0066">https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1593073685620&uri=CELEX:52020DC0066</a></p>
<p>[8] Modrall, Jay. (2019). Antitrust risks and Big Data. Norton Rose Fullbright. <a href="https://www.nortonrosefulbright.com/en-in/knowledge/publications/64c13505/antitrust-risks-and-big-data">https://www.nortonrosefulbright.com/en-in/knowledge/publications/64c13505/antitrust-risks-and-big-data</a></p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/raw/inputs-to-report-on-non-personal-data-governance-framework'>https://cis-india.org/raw/inputs-to-report-on-non-personal-data-governance-framework</a>
</p>
No publishersumandroData SystemsPrivacyResearchers at WorkDigital EconomyData GovernanceSubmissions2020-12-30T09:40:52ZBlog Entry