Digital Personal Data Protection Bill: Need A Pre-legislative Consultation

Central Idea

●       The Ministry of Electronics and Information Technology has drafted a Digital Personal Data Protection (DPDP) Bill. A data protection law must safeguard and balance peoples’ right to privacy and their right to information, which are fundamental rights flowing from the Constitution. Unfortunately, this Bill fails on both counts.

Why do we need data protection?

●       Increasing internet use: India currently has over 750 million Internet users, with the number only expected to increase in the future.

●       Data breaches: At the same time, India has among the highest data breaches in the world. Without a data protection law in place, the data of millions of Indians continue to be at risk of being exploited, sold, and misused without their consent.

●       Individual privacy: Data monetization may happen at cost of individual privacy. The most sought-after datasets are those that contain sensitive personal data of individuals, ex. medical history, and financial data.

●       Lack of writ proceedings against corporate action: Unlike state action, corporate action or misconduct is not subject to writ proceedings in India. This is because fundamental rights are, by and large, not enforceable against private non-state entities. This leaves individuals with limited remedies against private.

DPDP Bill, 2022 is based on seven principles

According to an explanatory note for the bill, it is based on seven principles-

●       Lawful use: The first is that “usage of personal data by organisations must be done in a manner that is lawful, fair to the individuals concerned and transparent to individuals.”

●       Purposeful dissemination: The second principle states that personal data must only be used for the purposes for which it was collected.

●       Data minimization: Bare minimum and only necessary data should be collected to fulfill a purpose.

●       Data accuracy: At the point of collection. There should not be any duplication.

●       Duration of storage: The fifth principle talks of how personal data that is collected cannot be “stored perpetually by default,” and storage should be limited to a fixed duration.

●       Authorized collection and processing: There should be reasonable safeguards to ensure there is “no unauthorised collection or processing of personal data.”

●       Accountability of users: The person who decides the purpose and means of the processing of personal data should be accountable for such processing.

Why the Bill must be put through a process of rigorous pre-legislative consultation?

●       Dilutes the provisions of the Right to Information (RTI) Act: The Bill seeks to dilute the provisions of the Right to Information (RTI) Act, which has empowered citizens to access information and hold governments accountable. It is behind the cloak of secrecy that the rights of individuals are most frequently abrogated, and corruption thrives.

●       Fails to safeguard right to privacy: Proposed Bill creates wide discretionary powers for the Central government and thus fails to safeguard people’s right to privacy.

●       For instance: Under Section 18, it empowers the Central government to exempt any government, or even private sector entities, from the provisions of the Bill by merely issuing a notification.

●       The Bill does not ensure autonomy of the Data Protection Board: Given that the government is the biggest data repository, it was imperative that the oversight body set up under the law be adequately independent to act on violations of the law by government entities. The Bill does not ensure autonomy of the Data Protection Board, the institution responsible for enforcement of provisions of the law.

●       Government direct control over the Data Protection Board: The Central government is empowered to determine the strength and composition of the Board and the process of selection and removal of its chairperson and other members.

●       Serious apprehensions of its misuse by the executive: The Central government is also empowered to assign the Board any functions under the provisions of this Act or under any other law.

●       Going digital by design fails to those who do not have meaningful access: The Bill stipulates that the Data Protection Board shall be ‘digital by design’, including receipt and disposal of complaints. As per the latest National Family Health Survey, only 33% of women in India have ever used the Internet. The DPDP Bill, therefore, effectively fails millions of people who do not have meaningful access to the Internet.

Conclusion

●       The government has been given the power to exempt not only government agencies but any entity that is collecting user data, from having to comply with the provisions of this bill when it is signed into law.

 

 

 

49th GST Council met

The 49th GST Council met under the Chairpersonship of Union Minister for Finance & Corporate Affairs Smt. Nirmala Sitharaman in New Delhi. The GST Council has, inter-alia, made the following recommendations relating to GST compensation, GST Appellate Tribunal, approval of the Report of Group of Ministers (GoM) on Capacity Based Taxation and Special Composition Scheme in certain Sectors on GST, recommendations relating to GST rates on Goods and Services and other measures for facilitation of trade.

What

1. GST Compensation – Government of India has decided to clear the entire pending balance GST compensation of Rs. 16,982 crore for June’2022 Since, there is no amount in the GST compensation Fund, Centre decided to release this amount from its own resources and the same will be recouped from the future compensation cess collection.
2. GST Appellate Tribunal – The Council adopted the report of Group of Ministers with certain modifications. The final draft amendments to the GST laws shall be circulated to Members for their comments. The Chairperson has been authorised to finalise the same.

GST Rate Rationalization of some products:

1. Raab (liquid jaggery) rate was reduced from 18% to Nil (if loose)
2. Raab (liquid jaggery) rate was reduced from 18% to 5% (if packaged & pre-labeled)
3. Pencil Sharpener rate was reduced from 18% to 12%.
4. Data Loggers rate was reduced from 18% to 0.

Other changes relating to Goods and Services

1. It has been decided Compensation Cess (Rate) so that exemption benefit covers both coal rejects supplied to and by a coal washery, arising out of coal on which compensation cess has been paid and no input tax credit thereof has been availed by any person.
2. It has been decided to extend the exemption available to educational institutions and Central and State educational boards for conduct of entrance examination to any authority, board or a body set up by the Central Government or State Government including National Testing Agency for conduct of entrance examination for admission to educational institutions.
3. It has been decided to extend the dispensation available to Central Government, State Governments, Parliament and State Legislatures with regard to payment of GST under reverse charge mechanism (RCM) to the Courts and Tribunals also in respect of taxable services supplied by them such as renting of premises to telecommunication companies for installation of towers, renting of chamber to lawyers etc.

Panel to monitor Mission Karmayogi

Cabinet Secretary Rajiv Gauba will head a top panel comprising a senior official from the Prime Minister’s Office, seven secretaries, among others, to monitor the implementation of the government’s ambitious Mission Karmayogi programme for training of government employees.

What

1. Envisioned as one of the largest capacity-building initiatives in government organisations anywhere in the world, Mission Karmayogi aims to create a competent civil service rooted in Indian ethos with a shared understanding of the country’s priorities, and working in harmonisation for effective and efficient public service delivery.
2. The mission seeks to keep the civil service at the centre of all change, empowering them to deliver in challenging environments. Thus, by design, Mission Karmayogi adopts a citizen-centric approach for civil service reforms.
3. The government has recently approved setting up a Cabinet Secretariat Coordination Unit or CSCU as part of the institutional framework under the National Programme for Civil Services Capacity Building (NPCSCB) or Mission Karmayogi.
4. The CSCU will monitor the implementation of NPCSCB and undertake activities like overseeing the formulation of the National Capacity Building Plan (NCBP) and place it for approval of the Prime Minister’s Human Resource Council (PMHRC) and to periodically monitor the implementation of Annual Capacity Building Plans, among others.
5. The CSCU will also review the monitoring and evaluation framework reports and place them before the PMHRC, “function as the secretariat for the PMHRC” and to align all the stakeholders.
6. The meeting of CSCU will be convened quarterly or as and when deemed appropriate.

India’s first human space mission

The US has proposed training to an Indian astronaut as part of future cooperation in the space sector. But the proposed training is not for the astronauts who are part of India’s first human space mission Gaganyaan, the Indian Space Research Organisation (ISRO) said.

What

1. The US has proposed to train an Indian astronaut. It is part of the future engagement and not for Gaganyaan. No plan has been finalised on training of the Indian astronaut by the US.
2. Four Indian Air Force (IAF) pilots have undergone astronaut training in Russia for the Gaganyaan mission.
3. India plans to send two/three astronauts to space under its first human space mission.
4. In 1984, an IAF pilot Rakesh Sharma became the first Indian to fly into space on a Soviet Union’s Soyuz T-11 spacecraft.
5. Sharma and another IAF pilot Ravish Malhotra underwent training at a Soviet Union facility.

Flashback

1. Gaganyaan project envisages demonstration of human spaceflight capability by launching crew of 3 members to an orbit of 400 km for a 3 days mission and bring them back safely to earth, by landing in Indian sea waters.
2. The project is accomplished through an optimal strategy by considering inhouse expertise, experience of Indian industry, intellectual capabilities of Indian academia & research institutions along with cutting edge technologies available with international agencies.

Navy Plans for another Vikrant-Size Carrier

As aircraft carrier INS Vikramaditya gets ready to sail out of the dockyard after a long refit, the Indian Navy is finalising plans to repeat the order for an INS Vikrant-size Indigenous Aircraft Carrier (IAC)-2, with some modifications, which, given the long timelines, may be close to the time INS Vikramaditya leaves service, effectively becoming its replacement.

Need of third Carrier

1. The Indian Navy requires three aircraft carriers because when the ship undergoes maintenance, it takes time given it’s very big size, and there may also be delays.
2. Cochin Shipyard Limited (CSL) has acquired considerable expertise in building an aircraft carrier with INS Vikrant and that would not go idle on a repeat order, “That can also be utilised.”

INS Vikrant

1. The country’s first IAC, INS Vikrant, was commissioned in September 2022 and is currently undergoing aviation trials.
2. It is expected to be operationally ready by the end of 2023.
3. The 262m-long and 62m-wide INS Vikrant, displacing 44,800 tonnes, is powered by four General Electric LM2500 engines, which give it a maximum speed of 28 knots and an endurance of 7,500 nautical miles.
4. The ship uses an aircraft-operation mode known as Short Take Off But Arrested Recovery (STOBAR), for which it’s equipped with a ski-jump for launching aircraft, and a set of three “arrester wires” for their recovery onboard.
5. Earlier, the Navy had envisaged an IAC-2 with a displacement of 65,000 tonnes, Catapult Assisted Take Off But Arrested Recovery (CATOBAR) for launching aircraft, and full electric propulsion.
6. INS Vikramaditya, which has been undergoing a refit since December 2020, had a fire onboard in July 2022 that delayed its return to active service, in addition to delays in supplies from Russia, for which CSL and the Indian Navy reached out to local industry.

One year of India-UAE CEPA

Recently, India and UAE commemorated the one year of signing of the Comprehensive Economic Partnership Agreement for boosting bilateral trade.

About

• India and UAE signed the landmark Comprehensive Economic Partnership Agreement (CEPA) on February 18, 2022.
• Recently, a special business event was organized by the Federation of Indian Chambers of Commerce & Industry (FICCI) in Dubai to celebrate the first year of CEPA signing.
• The CEPA has already started to yield results, with bilateral trade in goods expected to reach USD 100 billion and services to increase to USD 15 billion within five years.
• Previously, India has signed CEPAa with Singapore (2005), South Korea, Japan, Malaysia, ASEAN (2011), Sri Lanka, Thailand, Mauritius and Indonesia.
• India is also negotiating CEPAs with several other countries, including Australia, Canada, the European Union, and New Zealand.

CEPA:

• It is the first bilateral agreement signed by India in the Middle East/North Africa (MENA) region.
• It covers a variety of topics, including commerce, investments, healthcare, digital trade, government procurement, and IPR.
• The CEPA aims to enhance not only commercial and trade relations but also people-to-people contacts, given that the UAE has one of the largest Indian diasporas.
• The historic India-UAE Comprehensive Economic Partnership Agreement (CEPA) officially entered into force on 1st May, 2022.

Impact of CEPA:

• Bilateral trade between India and the UAE increased significantly in the current fiscal year.
• Trade in goods valued at USD 57.8 billion, up 27.5% YoY.
• The CEPA is helping business groups in an exceptional manner, and business houses are the pillars of the success of the CEPA agreement
• After CEPA, many Indian big business giants are expanding their operations in the UAE, and more investments are expected from both sides
• During the same period, India’s exports to the UAE grew remarkably by 19.32%, reaching $20.8 billion from $17.45 billion, an increase of $3.35 billion in value terms.
• CEPA has enabled easier sourcing of jewelry from India and selling to other countries

Importance of UAE:

• Economic Ties: The UAE is India’s third-largest trading partner after China and the United States, CEPA is expected to boost bilateral trade in goods and services in the next five years.
• Investment Opportunities: The UAE is an attractive destination for Indian businesses and investors due to its strategic location, world-class infrastructure, and ease of doing business. Indian Diaspora: The UAE has a large Indian diaspora, which is estimated to be around 3.5 million which can serve as a bridge between the two countries.
• Strategic Partnership: India and the UAE have a strategic partnership that covers various sectors, including defense, security, energy, technology etc., and thus the two countries can work closely on regional and global issues such as terrorism, climate change, and trade.
• Cultural Ties: Both countries share historical and cultural long-standing relationship that dates back to several centuries making UAE a natural partner of India in the Mediterranian region.

Conclusion:

• UAE is an important country for India due to its economic ties, investment opportunities, Indian diaspora, strategic partnership, and cultural ties.
• CEPA has unleashed new opportunities in bilateral trade, and both India and UAE have started leveraging the duty waivers and enhanced market access offered under the agreement
• With both countries having a strong and growing relationship, CEPA is expected to benefit both nations in the years to come.