Legal Stalwarts & Activists Question Composition Of Data Privacy Panel [Read Letter]

In a letter addressed to Justice (retd.) B.N. Srikrishna, 22 legal stalwarts and activists have questioned the composition of the committee of experts constituted to deliberate on a Data Protection Framework.An initiative of 'Rethink Aadhaar', the letter expresses concern over "inadequate representation" within the committee, asserting, "It is desirable that the composition of the committee should be diverse to bring in various opinions, on what is now a contentious issue, into the deliberations of the committee. It would also help to bring the point of view of the citizen within the privacy and data protection draft framework, particularly with regard to issues of consent."It begins by calling Aadhaar the most glaring example of "large databases curtailing fundamental rights and democratic principles". It then alleges that most members of the committee have, in the past, voiced their support for Aadhaar or taken a stand against the right to privacy before the Supreme Court. Noting that the questions posed before the committee pertain to the idea of consent and privacy, it then demands that representatives from the civil society as well as the Right to Information movement be included in the committee.The letter explains, "A committee created to look at a fundamental issue which will impact this country needs to be balanced and cannot be biased towards one position, particularly when there might be conflicts of interest......In view of the fact that your committee allows for co-option, we request you to please consider including the names of eminent citizens who have been consistent in advocating for peoples’ rights. We believe their induction in the committee will increase diversity and ensure that civil society voices are adequately represented while deliberating on a complex code of far-reaching importance. The wealth of experience such people could bring to the committee should not be underestimated."It further seeks better transparency in the functioning of the committee, suggesting that all meeting notes be made available to the citizens and that submissions of the members be pro-actively disclosed."We strongly urge that all documents referred to by the committee in their deliberations be shared publicly, and contemporaneously, to enable meaningful engagement with the work of the committee. Further, we trust that when a draft of the recommendations is prepared, it will be put up for public consultation for wider input," it states.The letter then urges Justice Srikrishna to meet some of the signees, which include Justice (Retd.) A. P. Shah, Ms. Indira Jaising and Mr. Prashant Bhushan.Read the Full Text HereTo,Hon’ble Justice (Rtd.) Shri B.N. SrikrishnaFormer Judge, Supreme Court of IndiaChairperson, Committee of Experts on Data Protection FrameworkNovember 5th , 2017Dear Hon’ble Justice Srikrishna,Subject: Letter of concern on the Office Memorandum No.3(6)/2017-CLES dated July 31, 2017, constituting a committee of experts to deliberate on a Data Protection FrameworkThis letter is the initiative of Rethink Aadhaar – a group of concerned citizens who have come together to examine the lack of regulations and guidelines in use of various forms of data using technology. We are alarmed and dismayed at the potentially grave implications of large databases curtailing fundamental rights and democratic principles. The most glaring example of gathering and disseminating such data is Aadhaar.This group of concerned citizens is worried about non-transparency in the “Committee of Experts to deliberate on and recommend a data protection framework for India”. Its composition and selection of members is also problematic.While we are confident that you and your office will strive to be fair and balanced, we would like to place before you the matter of inadequate representation within the committee. It is desirable that the composition of the committee should be diverse to bring in various opinions, on what is now a contentious issue, into the deliberations of the committee. It would also help to bring the point of view of the citizen within the privacy and data protection draft framework, particularly with regard to issues of consent.It is vital that the idea of consent be central to the proposed data protection framework. The framework must be both relevant to people and take into consideration Indian realities, so that citizens are able to differentiate between manufactured and informed consent. Consent must be understood in the context of the interconnectedness of data to many aspects of democratic principles and rights. There can be no argument that data protection is not merely about the protection of data but really about the protection of people.This is an effort to restrict and make accountable the powers of the state and commercial entities involved in these activities. Given the current scenario where ‘data is the new oil’, any understanding of the impact of policy will necessitate the inclusion of civil...

Legal Stalwarts & Activists Question Composition Of Data Privacy Panel [Read Letter]

Apoorva Mandhani

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