India's Non-Personal Data (NPD) framework

India's Non-Personal Data (NPD) framework

Knowledge repo, archives and collaborations

Latest:

  1. Video of talk by Usha Ramanathan on Eminent Domain and how this applies to data regulations in India
  2. NPD primer in Bengali: https://hasgeek.com/PrivacyMode/non-personal-data/sub/smssttigt-tthyer-prstaabit-kaatthaamo-gorraar-ktha-EGuxrZPF9k99WAia3FFADU

About the Non-Personal Data (NPD) framework for India: Non-personal data (NPD) is defined as anything which is not personal data. Read primer on NPD in English, Hindi and Malayalam for a quick understanding how NPD will be regulated in India.

The Committee of Experts (CoE), led by Kris Gopalakrishnan, prepared the first version of the NPD framework in July 2020. Based on the feedback received, the CoE released V2 of the NPD framework in December 2020.

Community submissions to improve the NPD framework for India: NPD Week was conducted to draw recommendations from the community on what apsects of the NPD framework should be revised, with practical suggestions. At the end of NPD Week, a document of community recommendations was drawn up. View final recommendations (PDF) for NPD V2.
These recommendations were submitted to the CoE and MeITY on 31 January 2021.

NPD Survey: Between November 2020 and January 2021, Privacy Mode’s research team interviewed 50 respondents from startup, engineering, product and investor communities to understand their concerns with the Non-Personal Data Report V1 and NPD Report V2. View the report (PDF)


Recap of NPD Week: Between 22 and 29 January, concerns were articulated with respect to NPD’s potential impact around privacy. These concerns were on issues of:

Contact details: For inquiries, call 7676332020 or email privacymode@hasgeek.com. Follow #PrivacyMode on Twitter

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Zainab Bawa

Zainab Bawa

@zainabbawa

Summary of panel discussion on impact of NPD on startups and SMBs - Part I

Submitted Jan 23, 2021

This summary is divided into two parts. The first part lists out the questions that were discussed in the panel.

The second part lists the recommendations that startups and investors made for future iterations of NPD. Part II of the summary is published on https://hasgeek.com/PrivacyMode/npd-week/sub/summary-of-panel-discussion-on-impact-of-npd-on-st-EdomcGVBeQyWnLfzVzub7n

Part I: Questions that were discussed in the panel:

Amlan Mohanty, Public Policy Counsel at Google moderated the panel. The panel discussed three broad topics:

  1. First principles and justifications for NPD.
  2. Trade-offs and compliance burdens.
  3. Regulatory issues.

  4. Questions on First principles and justifications for NPD:

  • A fundamental premise of the new report is that raw/factual data can generate economic value if shared. Where does raw data lie in the value stream? Is there any incentive for businesses to share (non-proprietary) factual data with others, given the costs of collecting and storing raw data?
  • The recommendations talk about a “public good purpose”, i.e. data that can benefit the society at large if shared. Let’s take a hypothetical policy objective of increasing language diversity. Will mandating the sharing of NLP datasets help achieve that goal? If not, what’s the right approach?
  • A lot of voluntary data sharing already exists (eg. TensorFlow), which startups have access to. Is there evidence of market failure to justify forced sharing of NPD?
  1. Trade-offs and compliance burden:
  • There seems to be a contradiction in the government’s goal of promoting ease of doing business, while introducing new regulations that are compliance heavy. However, assuming every business will (eventually) be a data business, do you see compliance with data regulations as a reasonable cost of doing business in India?
  • Is there value in having a public metadata directory? Does the perceived utility of such a directory outweigh the potential privacy and security implications of such a policy?
  • The NPD regime will equally apply to government organizations, which are custodians of vast amounts of data. It seems like unlocking this data can have significant social benefits. Should we be thinking about incentives and justifications for forced data sharing differently in the context of government data?
  1. Regulatory issues:
  • Hasgeek’s report suggests that lack of regulatory clarity (for eg. on IP rights) impacts valuations. As an investor, do you see new NPD regulations as a loss of competitive advantage for startups you invest in, or does it help reduce barriers to entry in new markets?
  • The committee suggests that sectoral regulators can develop NPD regulations in addition to those developed by the NPDA. What role do you see for sectoral regulators in facilitating access to “high-value datasets” (eg. healthcare, transport, etc.)?
  • If we can separate the prescriptive rules from the larger governance principles that are being suggested by the committee – are there any useful principles that can help optimize existing data sharing practices and promote India’s open data ecosystem (for example, promoting interoperability through APIs)?

The panelists on this session were:
1. Deepa Venkatraman, CEO at Nilenso
2. Shweta Rajpal Kohli, Head of Public Policy at Sequoia
3. Ashish Aggarwal, Head of Public Policy at NASSCOM
4. Kumar Rangarajan, co-founder and CEO of Slang Labs
5. Prasanto Roy, public policy consultant
6. Sameer Brij Verma, Managing Director at Nexus Venture Partners
7. Thiyagarajan Maruthavanan (Rajan), Partner at Upekkha, Value SaaS Accelerator

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Deep dives into privacy and security, and understanding needs of the Indian tech ecosystem through guides, research, collaboration, events and conferences. Sponsors: Privacy Mode’s programmes are sponsored by: more