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1. India’s personal data protection act and the politics of digital governance

Author:
Stephen Weymouth
Publication Date:
05-2023
Content Type:
Working Paper
Institution:
Atlantic Council
Abstract:
India recognizes the importance of establishing policy foundations for digital commerce, as cross-border data flows are essential to firms in all sectors, not just in technology. In manufacturing, three dimensional printing and robotics are revolutionizing production processes. Agriculture is benefiting from sensors and analytics, which optimize crop yields and resource usage. Healthcare is being transformed by electronic medical records, health information exchanges, and algorithms that analyze patient data and detect illness. Financial services are using blockchain technologies and AI to enable faster and more secure transactions. All industries rely on electronic payments, data analytics, and cloud storage to streamline various processes. With customers located worldwide, cross-border data flows are the byproduct of digital transactions. Data privacy frameworks can facilitate these flows by building consumer trust, thereby unlocking innovation and efficiency in all sectors. Given the significance of cross-border data flows to its economy, India has actively engaged in multilateral and bilateral discussions on digital trade governance. It is a member of the Quadrilateral Security Dialogue (Quad), a strategic forum comprising the United States, Japan, India, and Australia, a possible venue for coordination on digital governance. India has also joined the Indo-Pacific Economic Framework (IPEF), a US-led framework for economic cooperation which will facilitate conversations seeking “high-standard rules of the road in the digital economy, including standards on cross-border data flows and data localization.” The US-India Initiative on Critical and Emerging Technologies (iCET), launched by Indian Prime Minister Narendra Modi and US President Joe Biden during the Quad summit in May 2022, presents an opportunity to build India-US trade ties through an industry-focused agenda. Finally, India and the United States have launched a new bilateral Defense Industrial Cooperation Roadmap to accelerate technological cooperation. This issue brief delves into the politics of India’s evolving digital governance, focusing on the draft Digital Personal Data Protection Bill of 2022 (DPDPB). The DPDPB aims to balance the interests of Indian consumers seeking enhanced privacy and data security against the business need for unconstrained data flows. The government’s responsive approach to stakeholder feedback on previous versions of the bill indicates that achieving these goals is feasible. However, concerns persist about ambiguities surrounding data transfers and institutional arrangements that exempt the government from complying with the law in ways that may encourage surveillance and censorship of opposing viewpoints.
Topic:
Economy, Business, Rule of Law, Data, and Data Governance
Political Geography:
South Asia and India

2. The Data Story: Uttar Pradesh Elections 2022 – Phase 1

Author:
DataCommons @ CPR
Publication Date:
02-2022
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
In the first phase of the Uttar Pradesh elections of 2022, 58 assembly constituencies (ACs) will go to the polls. Polling will take place on 10 February, 2022. In this note, we first analyze and provide social context for the historical electoral trends across these 58 assembly constituencies. Second, in collaboration with Datalok, we provide a detailed analysis of polling booths from the 2017 state election. We show how the consolidation among Hindu voters in the aftermath of the 2013 Muzaffarnagar riots drastically shifted electoral outcomes in the region, and we describe how current politics may affect electoral outcomes in the 2022 election.
Topic:
Politics, Elections, Voting, and Data
Political Geography:
South Asia, India, and Uttar Pradesh

3. Labour incomes in India: A comparison of PLFS and CMIE-CPHS data

Author:
Mrinalini Jha and Amit Basole
Publication Date:
02-2022
Content Type:
Working Paper
Institution:
Centre for Sustainable Employment, Azim Premji University
Abstract:
The Covid-19 pandemic has created a need for high frequency employment and income data to gauge the nature and extent of shock and recovery from month to month. Lack of such high frequency household-level data from official sources has forced researchers to rely almost entirely on the Consumer Pyramids Household Survey (CPHS) conducted by the Centre for Monitoring the Indian Economy (CMIE). Recently, the CPHS has been criticised for missing poor and vulnerable households in its sample. In this context, it becomes important to develop a detailed understanding of how comparable CPHS estimates are to other more familiar sources. We examine the comparability of monthly labour income estimates for the pre-pandemic year (2018-19) for CPHS and the Periodic Labour Force Survey (PLFS). Across different methods and assumptions, as well as rural/urban locations, CPHS mean monthly labour earnings are anywhere between 5 percent to 50 percent higher than corresponding PLFS estimates. In addition to the sampling concerns raised in the literature, we point to differences in the way employment and income are captured in the two surveys as possible causes of these differences. While CPHS estimates are always higher, it should also be emphasized that the two surveys agree on some stylized facts regarding the Indian workforce. An individual earning INR 50,000 per month lies in the top 5 percent of the income distribution in India as per both surveys. Second, both PLFS and CPHS show that half the Indian workforce earns below the recommended National Minimum Wage.
Topic:
Labor Issues, Survey, Data, COVID-19, and Income
Political Geography:
South Asia and India

4. Improving Survey Quality using Para Data: Lessons from the India Working Survey

Author:
Deepti Goel, Rosa Abraham, and Rahul Lahoti
Publication Date:
08-2021
Content Type:
Working Paper
Institution:
Centre for Sustainable Employment, Azim Premji University
Abstract:
The efficacy of survey-based policy recommendations is primarily dictated by the quality of data collected in the first place. Is the survey truly representative of the population it claims to characterise? Are respondents voicing their true opinions or are they playing to the gallery? Did enumerator bias creep into the data? These are questions that most users of surveys have, but are typically brushed aside in the race to get the analyses out. While there are no foolproof measures to ensure that survey data are authentic, certain steps can be taken to improve their dependability. One such is the use of what is called ‘para data’ (data about the process of data collection), to streamline enumerator practices, and thereby improve the reliability of the data being collected. This report details our experience of using para data to improve the quality of the India Working Survey (IWS).
Topic:
Economics, Employment, Survey, Data, and Workforce
Political Geography:
India

5. Will India’s Proposed Data Protection Law Protect Privacy and Promote Growth?

Author:
Anirudh Burman
Publication Date:
03-2020
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
How should a legal framework for data protection balance the imperatives of protecting privacy and ensuring innovation and productivity growth? This paper examines the proposed data protection legislation in India from the perspective of whether it maintains this balance. In December 2019, the government introduced the Personal Data Protection Bill, 2019, in parliament, which would create the first cross-sectoral legal framework for data protection in India.1 This paper argues that the bill does not correctly address privacy-related harms in the data economy in India. Instead, the bill proposes a preventive framework that oversupplies government intervention and strengthens the state. This could lead to a significant increase in compliance costs for businesses across the economy and to a troubling dilution of privacy vis-à-vis the state. The paper argues that while the protection of privacy is an important objective, privacy also serves as a means to protecting other ends, such as free speech and sexual autonomy. A framework for protecting personal data has to be designed on a more precise understanding of the role of privacy in society and of the harms that emanate from violations of individual privacy.
Topic:
Science and Technology, Law, Privacy, and Data
Political Geography:
South Asia and India

6. Cross-Border Data Access for Law Enforcement: What Are India’s Strategic Options?

Author:
Smriti Parsheera and Prateek Jha
Publication Date:
11-2020
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
Access to cross-border data is an integral piece of the law enforcement puzzle. India is well placed to lead the discussions on international data agreements subject to undertaking necessary surveillance reforms. Access to cross-border data for the state’s law-and-order-related functions is an integral piece of the law enforcement puzzle. State agencies’ ability to access data for such purposes is, however, shaped not only by domestic laws and practices but also by the laws of other countries and the state’s international commitments. In the case of India, the use of international cooperation mechanisms to balance efficient data access with protections for citizens’ privacy remains a relatively underexplored facet of its digital strategy. With its growing digital market, economic relevance for large global businesses, and strategic relationships with countries like the United States and those in the European Union (EU), India is well placed to not merely participate in but rather to lead the discussions on international data agreements on behalf of the developing world. This paper evaluates India’s present mechanisms for data access by law enforcement authorities and existing arrangements for cross-border data access. It also analyzes the emerging global movement toward direct data access arrangements. Such arrangements authorize agencies in one jurisdiction to make direct data requests to service providers based in another jurisdiction. The Clarifying Lawful Overseas Use of Data (CLOUD) Act in the United States is an example of a legislative instrument that allows the United States to enter into executive agreements of this nature. Similar discussions are also underway in Europe under the European Commission’s e-evidence proposal involving its twenty-seven member countries and among the sixty-five states that are party to the Budapest Convention on Cyber Crimes. To date, India has not taken any concrete steps to evaluate the pros and cons of such arrangements. Neither has it paid serious regard to the critical and interconnected issue of reforming its domestic framework on lawful data access to ensure adherence with the fundamental right to privacy.
Topic:
Science and Technology, Law Enforcement, Borders, and Data
Political Geography:
South Asia and India