“Data” and “privacy” are the buzzwords. The discussion around privacy has intensified with the rise of AI technology. When you think about “data,” what comes to your mind?
I hope you are thinking about something other than rows and columns in the Excel sheet. While that, too, is data, that’s not what I am referring to.
If your mind instantly goes to the information stored on your phone, the apps you use, or websites that ask for your personal information, that is the data I am referring to. In simple terms, any form of data generated by smartphones, televisions, social media networks, sensor-driven devices, and many other networks we use daily.
It is the food you had last night, your shopping cart, marital status, dating life, and private photos, the very private pictures you have on your phone.
The Digital Personal Data Protection Bill (DPDP), 2023, has recently been approved by the President and seeks to regulate personal digital data and provide resolution for data breaches.
Ever since the Bill has been introduced and passed in Lok Sabha, it has received significant criticism. Now the Bill has also been passed in Rajya Sabha and recieved President’s assent.
From activists to experts, many are expressing their concern on how if this Bill becomes law, it will threaten the privacy of billions of people living in India. People, including you and me, anyone using technology.
The ministers and opposition parties asserted that the Bill would save digital data of 140 crore Indians.
Human Rights Watch said, “The Indian government should amend its proposed data protection law to protect people’s privacy instead of enabling unchecked state surveillance”.
Are you wondering what this new data protection thing is? In this article, I will break down what data actually means, why there are pressing concerns towards citizen’s safety, and why you should be worried too.
How Does The Bill Define Data?
According to the draft bill, ‘data’ means a representation of information, facts, concepts, opinions, or instructions in a manner suitable for communication, interpretation, or processing by human beings or by automated means.
Let me explain what the representation of the above data means for all of us.
Facts, Opinions, And Everything You Said Or Feel Or Searched
It means data includes names, home addresses, telephone numbers, birthdays, email addresses, and bank account details. These are frequently collected information since apps and websites often need these details to run payments, maintain subscriptions, or for marketing purposes.
I remember there was a time when we discussed or searched for our favorite bags, shoes, etc and received ads, recommendations. Seeing the instant ad recommendations of these products used to be surprising. Now we are all used to these marketing practices.
Data also means sensitive information like your race or ethnic origin, religion, political affiliations, sexual orientation, criminal history, trade union or association memberships. The data will also include information on biometrics, genetics, or your medical history.
Since the 1960s and the development of information technology capabilities, businesses, and the government have been storing personal data in databases.
Thus, there is no denying that strong data protection practices and laws are important to reduce surveillance and exploitation.
What is concerning, is that the presented Bill regulates businesses’ use of citizens’ data, while exempting the government. This raises questions about what this data protection provision means for all of us.
Just think what will happen if your online activity is used to understand you as a human being and later, used against you.
Let’s say you searched for something personal, I want to file a divorce; what to do? Should I leave my wife? What are the symptoms of depression? Am I depressed? What to do if I have STDs? I think I like women. Am I gay or bisexual? I’m facing financial difficulties. How to handle debt? I suspect my partner is cheating. What should I do?
These searches indicate that you seek help, guidance, or support for personal challenges and sensitive issues.
There is a list that mentions 1000 most asked questions on Google in the world which includes questions like, where can I find happiness, does he like me, can you feel the love tonight, etc.
It is common for people to google search any question that comes to their mind. Some searches speak about personal experiences.
What is problematic is that unchecked access to sensitive information like the above can leave you vulnerable to discrimination or harassment. It can impact your livelihood, quality of life, and ability to participate in daily activities.
Still Thinking, “Isse Mera Kya Nuksan, Law Toh Data Protection Karegna Na? (How Will This Impact Me?)
The provisions of the Act won’t be applicable in certain situations. Like when the government uses personal data in the interests of the sovereignty and integrity of India, security of the State, friendly relations with foreign States, maintenance of public order.
The Bill also says that no legal action can be taken against the Central Government, the Board, its Chairperson, or any Member, officer, or employee for anything which is done or intended to be done in good faith under this Act or its rules.
The above provisions give absolute power to the Central government. The ruling government is now aware of your ideology, political preference, medical history, whether you are a supporter or not, your financial issues, and personal issues, and basically knows much more than you probably know about yourself.
You know activists, journalists are loosely labeled as anti-nationalist for merely expressing their views. It is normal to discuss what is happening in the nation or our surroundings, to agree or disagree with initiatives.
Say one day you are discussing with your friend how your country needs citizen engagement in the decision making process, you are from Chhattisgarh and against the increasing mining in your area due to the damages. As a concerned local, you discuss possible ways to resolve this issue.
You have the right to online privacy for your personal matters and communication. This includes protecting your personal information and you should not be subjected to general surveillance.
Now imagine your mere argument on ongoing mining issues is perceived otherwise. After some time passes, your WhatsApp conversation brings legal action against you.
I would not be surprised if this happened. It won’t matter whether you are left, right, or center. Whoever is in the ruling position today, tomorrow, or a decade later will benefit from provisions that provide the government an absolute power.
These provisions don’t give power to just one political party, it gives power to any party that is in the center.
They will hold the power to use your confidential chats against you, influence policy and you. I am not saying it will surely happen, I am saying if this happens you don’t have a recourse.
The historian and international best-selling author Yuval Noah Harari made a strong point on the future at The World Economic Forum in Davos, Switzerland.
He said, “A system that understands us better than we understand ourselves can predict our feelings and decisions, can manipulate our feelings and decisions, and can ultimately make decisions for us.”
He shared the example of North Korea. Suppose North Korea forces its citizens to wear biometric bracelets that transmit data to government centers. In that case, they can monitor the public’s sentiments towards their leader and all aspects of their daily lives.
Harari asserted that no one will be safe; the rich, the poor, and everyone is at threat if we allow the emergence of such total surveillance regimes.
The Bill, Safeguarding Citizens Or A Threat To Right To Privacy?
The protection of personal data is much-needed. The provisions that safeguard your personal information.
The law that gives you control over your data and prevents misuse, it’s crucial that data protection laws regulate the actions of both companies and governments.
Without such regulations, these entities have demonstrated a tendency to collect, mine, and share data without informing us.
A strong data protection framework can empower citizens, restrict harmful data practices, and limit data exploitation. It’s essential to establish effective governance frameworks, granting citizens strong rights over their data, imposing strict obligations on those processing personal data, and enforcing consequences against those who break these obligations and protections.
Do you think the provisions in the Bill protect you? Are you willing to trade privacy for security? Reflect on how your online activities, thoughts, and interactions shape your digital identity. Are you comfortable with the idea of constant monitoring altering this identity?
Consider the possibility that seemingly harmless data points collected about you could be pieced together to create a narrative that doesn’t truly represent who you are. How much control are you willing to give up over your own story? Can you speak up without fear? Do you trust those who hold your data?
Also read: India’s Digital Personal Data Protection Bill 2023 In 10 Key Points