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CIS comments on the Revised Non Personal Governance Framework Report

Posted by Pallavi Bedi, Anubha Sinha and Aman Nair at Dec 31, 2020 12:00 AM |


This submission presents a response by researchers at the Centre for Internet and Society, India (CIS) to the second version of the Report on Non-Personal Data Governance Framework prepared by the Committee of Experts (hereafter “Report”). CIS had also provided inputs to 1 the draft version of the Report published in July 2020.


Executive Summary

It is beyond doubt that there must exist a regulatory frameowrk that governs the rights accorded to individual, businesses and the state in the context of the use of non personal data. However, based on the recommendations in the Report, we have found that the following areas require greater clarity and deliberation before being enacted. 

General Comments

1. Examining the economic considerations underpinning the non-personal data governance framework

a. Open Data access is not enough to offset network effects and existing power imbalances in key digital sectors

b. Increased Data collection leads to Data Appropriation

2. Addressing the societal concerns that arise with sharing Non Personal Data sharing

a. De-anonymization and harm linked with sharing Non Personal Data

b. ● Sharing non-personal data could result in a culture of data maximisation

Section Specific Comments

1. Section 7.2-Non-Personal Data Roles- Community
a. Vague and very wide definition of Community
2. Section 7.7- Data Trustee
a. Need for greater clarity on the defining harmful activities and the appropriateness of Data Trustees 
3. Section 7.4(iv)- ‘Duty of care’ of data custodian
a. Lack of clarity on terms including active misuse and harm 
4. Section 7.10 -Non-Personal Data Authority
a.Composition of the Authority 
b.Roles and Responsibility of the Authority
5. Section 9.3 - Copyright Law
a. Failure to recognise copyright in underlying data of datasets
b. Consider advocating use of limitations and exceptions in copyright law to limit ownership in datasets and underlying data

The full version of the submission can be found at: