State of Privacy and Data Protection in E-Government, Policy and Law in India: A Review

Asst. Pro. Mrs. Varsha Athavale |

Vol. 68 No. 9 (2020): International Conference On E-Business, E-Management, E-Education and E-Governance (ICE4-2020) |

Information and communication technology (ICT) is potent instrumentfor providing borderless, interconnected and de-territorialised delivery of services. Use of Information and Communication Technology (ICT) in government operations facilitates efficient, speedy and transparent process for providing services and for performing government administration. This enables e-governance which is an important part ofe-government.Many developing countries are using it to achieve Sustainable Development Goals which are decided by UN. These 17 Sustainable Development Goals (SDG) are reflected in India’s development plans through National Institution of Transformation (NITI) Ayog. Various ministries are given targets to provide missions, schemes and programs and Government of India launched several projects, missions to achieve these targets. For this, several ICT tools are developed and deployed, which have helped to enhance efficiency of government missions and projects.National Policies regarding Information Technology and Policy for data sharing areframed. |

Draft ecommerce policy seeks to set up regulator, restrict data storageDraft ecommerce policy seeks to set up regulator, restrict data storage

“For those categories of data which can be stored/ mirrored abroad, companies would have to ensure that adequate safeguards are in place at the specified data storage location through a comprehensive periodic audit,” according to the proposed policy.

As per the draft, the government, in consultation with relevant stakeholders, will define the categories of ecommerce that will require mirroring or local storage of data. It proposes to prohibit cross-border flow of information pertaining to defence, medical records, biological records, cartographic data and genome mapping without appropriate authorisation.

The draft policy made public last year had faced flak as it was data-focussed and sought to impose strict conditions on cross-border information flows and payment for and duration of data stored abroad as well as locating computing facilities within the country. It covered individual, national and sensitive data.

Data protection frameworks emerging in the BRICS countries

The members of the so-called BRICS grouping (Brazil, Russia, India, China and South Africa) have realized that digital transformation is an essential element for the future of their economies and societies. In this perspective, data protection becomes a key priority to foster thriving digital environments, where individuals enjoy protections and businesses benefit from legal certainty.

[Índia] Companies may get up to 2 years to comply with data law

The government will likely give companies up to two years to be fully compliant with the proposals in the Data Protection Bill after it passes Parliament and becomes law, official sources told ET.

Industry is of the view that since the Bill is modelled on the European Union’s General Data Protection Regulation (GDPR), large companies, including global Internet giants and Indian information technology companies, may not have to put too much efforts to tweak their systems to comply with the proposed Indian law.

[Índia] Government localises ‘critical’ & ‘sensitive’ personal data

The Personal Data Protection Bill proposes that all “critical” information related to individuals will be stored and processed only in India, while all “sensitive personal data” has to be stored in the country but can be processed outside subject to certain conditions.

There’s no restriction on other kinds of personal information, partially taking into account the demands of global companies such as Google and Facebook, while aiming to safeguard data sovereignty. The Bill, which has not been made public yet, will be introduced in the current session of Parliament on “priority”, said a top government official. It was cleared by the Cabinet on Wednesday.