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Separating Personal Data Protection from Non-personal Data Governance
The proposal of having a single legislation for personal data protection and non-personal data governance in India is questioned. The foundational bases that justify both these regulatory frameworks are different. The way forward is to have a separate legislation with a stringent governance structure around non-personal data in case the process of anonymisation is reversed.
India has over 700 million internet users and 400 million smartphone users, and the country generates about 150 exabytes of data annually.1 The government seeks to utilise data to provide better services and accelerate economic growth while improving socio-economic indicators such as health, education, and poverty. Today, the government and private players use artificial intelligence (AI) and big data analytics in various sectors to generate value and economic wealth from data. Estimates suggest that AI could add $957 billion to India’s economy in 2035.2
But indiscriminate processing of data using new technologies creates several information privacy concerns. It has the potential of causing privacy harm to individuals, including financial loss, loss of reputation, discriminatory treatment, loss of employment, and observation or surveillance that is not reasonably expected.3
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