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India's Non-Personal Data (NPD) framework

India's Non-Personal Data (NPD) framework

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  • Zainab Bawa

    @zainabbawa Editor & Promoter

    Audience question raised to the panel on Friday, 22 Jan: How will the government know what data to ask for? What is the process of operationalizing implementing data sharing? How is this data going to be transferred? Who decides? What is proprietary? What is inferred? What is the right data? What falls outside the scope of this because there is going to be potentially a conflict there?

    Posted 3 years ago
    • Zainab Bawa

      @zainabbawa Editor & Promoter

      Ashish Aggarwal of NASSCOM replied saying: "So I think the first bit is clearly flowing from the public policy, or public good hat. The Committee in the report has given us three examples. One relates to the transportation sector, and other relates to health. So I think that's directionally I think that's what we can look at that, you know, they will identify a few specific terms, and that's where they will initially start building this High Value Dataset (HVDs). And that's when the data trustee will start asking the, you know, in terms of that, where the request for data will come in.

      The second question is this entire determination of what is proprietary or not. The answer in two parts. One part is where an entity refuses to share data, believing that the data is not relevant for High Value Dataset (HVD). This dispute, probably in my understanding of the report, will go to the NPD Authority (NPDA). But when if I make a claim that this data is proprietary, I think that'll take the usual process of courts, which is outside of NPDA to actually settle the matter. If there is a dispute on that account, it could be a very bad place to be in because then you might, depending on how it goes one way or the other, could lead to a lot of litigation where people are splitting hair on this particular aspect of data ownership. And I don't think we have the capacity to deal with that.

      Posted 3 years ago

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