Government's Push for Data Ownership

• 20 Nov 2023

For Prelims: Artificial intelligence (AI), Digital India Bill,  Anonymised Data, Personal Data Protection Act, 2023

For Mains: Regulating Data Governance and Privacy, Issues related to Data Privacy and Data protection

Source: IE

Why in News? 

The Indian Government is reportedly considering directing major tech giants like Facebook, Google, and Amazon to share anonymised personal data for a government-backed database. 

• This potential development, outlined in the upcoming Digital India Bill, 2023 focused on data ownership and could impact the landscape of artificial intelligence (AI) models.

What is Anonymised Data?

• It is any data set that does not contain personally identifiable information. It could include aggregated information, such as the overall health data of a particular demography, weather and climate data of an area, and traffic data, among others.
  • It is different from personal data, which is data that relates to an identified or identifiable individual, such as email, biometrics, etc.
• Anonymised data can be used for various purposes, such as statistical analysis, market research, product development, etc., without compromising the privacy of the individuals whose data was used.

Why is the Government Considering Access to Big Tech's Data?

• This move is part of an upcoming Digital India Bill, in which there is a provision to mandate big tech companies to deposit all the non-personal data they hold into a government-backed database known as the India datasets platform.
  • As per the working group constituted by the Ministry of Electronics and Information Technology, the India datasets platform, is envisioned as a unified national data sharing and exchange platform catering to various stakeholders, including governments, private companies, Micro, Small and Medium Enterprises (MSMEs), academia, and more.
  • Non-personal data held by the India datasets platform could be monetized, playing a crucial role in economic benefits.
• Earlier in May 2022, the government released the draft National Data Governance Framework Policy under which it merely “encouraged” private companies to share non-personal data with startups and Indian researchers.
• The government argues that big tech companies have benefited from building algorithms based on Indians' non-personal data and should not claim exclusive ownership over it.

What are the Key Highlights of the Digital India Bill?

• The Digital India Bill, 2023 (if passed, will serve as the successor of the Information Technology Act of 2000) is a crucial part of a comprehensive legal framework that includes various legislative measures.
• It is part of a comprehensive approach that includes measures like the Digital Personal Data Protection Act, 2023, the draft Indian Telecommunication Bill, 2022, and a policy addressing the governance of non-personal data.
• The bill aims to boost the AI ecosystem in India by providing a robust foundation for data-driven innovation and development.
• This bill  has been designed to establish comprehensive oversight over India’s digital landscape, effectively tackling contemporary challenges like cybercrime, data protection, deepfakes, competition among internet platforms, online safety, and the negative impact of artificial intelligence (AI).

UPSC Civil Services Examination, Previous Year Questions (PYQs)

Prelims

Q1. ‘Right to Privacy’ is protected under which Article of the Constitution of India? (2021)

(a) Article 15

(b) Article 19

(c) Article 21

(d) Article 29

Ans: (c)

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Q2. Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement? (2018)

(a) Article 14 and the provisions under the 42^nd Amendment to the Constitution.

(b) Article 17 and the Directive Principles of State Policy in Part IV.

(c) Article 21 and the freedoms guaranteed in Part III.

(d) Article 24 and the provisions under the 44^th Amendment to the Constitution.

Ans: (c)

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Mains

Q. Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy. (2017)