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比尔科技和行业不可知论者,可能成为全球潮流:Vaishnaw
“在我们正在建设的综合框架,进入数字世界是电信的。为我们带来了电信法案。数据保护,我们带来了数据保护法案。这些是横向结构的其他模块化的法规可以建造,“Vaishnaw说。
你的愿景是什么当你着手完成这个修改后的法案?
点Modiji莫迪(PM)想要创建一个全球标准和全面数字化的法律框架。符合这一愿景,我们起草了这项法案将所有隐私的原则建立和全球经验。我们试图保持技术无关,简单阅读和实现完全数字化设计。最重要的是,印度语言得到应有的。通知、同意等,必须在任何指定的印度语言之一在第八时间表(宪法)。符合Modiji的关注女性赋权在比尔,我们使用女性的代名词。
该法案为数据传输提供了可信的地理位置。它将如何实现?
今天,全球充足的数据保护的原则是被跟踪。所以,如果数据去任何一个国家如果数据保护是不够的,那么它不会在名单上。我们的IT行业和创业生态系统是基于接收数据从数以百计的其他国家。
我们已经看到调整后的总收益定义的影响电信在计算百分比。为什么我们不应该学习这个例子在数字经济?这就是为什么我们想出了一个分级惩罚系统。的标准实施一个点球已经非常清楚了。
”数据保护委员会完全独立的
(数据保护)董事会将不得不考虑方面喜欢大自然,不服从的严重性和持续时间。我们一直在电信法案类似的规定。两个账单的思维过程,我们必须创建一个数字实现和分级点球框架。我们一直自愿进行构建和替代性争端解决机制,减少不必要的诉讼。
价值200卢比的罚款将乘以数量的用户?
点球被违反的规定为每一个实例,和每个实例的上限是200卢比。
不同的是数据保护委员会从之前的数据保护权威吗?独立会如何?
这是完全独立的,全数字设计。我们希望为所有公民平等获得公正。这是可能的只有通过数字化的实现框架。
点Modiji希望该法案能科技不可知论者,部门无关,并能够给所有公民正义。获得司法是非常重要的。所有隐私的原则应该合并。印度语言应给予应有的重视。在这行业,这是一个基本的法案可以构建模块化的规定。
这个法案涉及到以数字格式存储的数据。所发生的隐私数据存储在物理格式?
今天,几乎99%的数据已经数字化,甚至100%。现在在纸上的几乎任何东西。
你介绍了一个重要的概念,数据信托。任何参数适用吗?引进一个评分系统背后的想法是什么?
这里有一个更好的结构。如果你看看11.1节,我们说,基于评估的相关因素——体积,敏感性,伤害的风险,影响主权、完整性,对民主选举的威胁,国家的安全、公共秩序等因素。所以,这不仅仅是用户的数量,这是一个非常全面的框架。世界上大多数将采取我们有结构化的方式。人们总是努力定义重要数据信托。
所以,你说这将是一个世界潮流…
是的
你将如何保护启动产业?
我们免除许多遵从性。18节,有一个条款说,他们将通知受托人或一类数据受托人…的许多规定不适用…这是对个人数据的数量和性质。公司应该得到自由成长。
当你打算表该法案在议会?
预算的会议。
董事会有准司法的权力吗?
每一个独立的监管机构总是有这个权力。所以,实际上,董事会是一个独立的身体。它这些权力来自一个独立的结构。
如果有人试图挑战它,会发生什么?
人们可以挑战(it)和向董事会任何挑战的方向可以去最高法院。
规定非个人和社会媒体早些时候法案的一部分,但不是现在。你的观点是什么?
全面的框架,我们正在建设中,进入数字世界是电信。为我们带来了电信法案。数据保护,我们带来了数据保护法案。这些是横向结构的其他模块化的法规可以建造。例如,金融服务业可以使用这些构建块和想出小集中模块化的规定。
新的数据保护法案旨在创造安全的数字生态系统,保护用户免受在线伤害:Ashwini Vaishnaw
部长敦促所有涉众反馈草案,称政府将检查一切以开放的心态。
![\"Bill](\"https:\/\/st.etb2bimg.com\/Themes\/Release\/images\/responsive\/ettelecom-default.jpg\")
<\/figure>The government is planning to introduce the draft Data Protection Bill<\/a> in next year\u2019s Budget session of Parliament, union minister for electronics & IT Ashwini Vaishnaw<\/a> said. Speaking to Aashish Aryan and Surabhi Agarwal, Vaishnaw described the bill as being technology and sector agnostic, adding that it may become a global trendsetter. Edited excerpts<\/em>:What was your vision when you set out to finalise this revised Bill?
<\/strong>
PM Modiji (PM Narendra Modi) wants to create a globally benchmarked and comprehensive digital legal framework. In line with this vision, we drafted this Bill keeping all established principles of privacy and the global experience. We have attempted to keep it technology agnostic, simple to read and the implementation is completely digital by design. Most importantly, Indian languages have been given their due. Notices, consents, etc., will have to be in any one of the Indian languages specified in the Eighth Schedule (of the Constitution). In line with Modiji\u2019s focus on women empowerment<\/a>, we have used the female pronoun in the Bill.
The Bill has provided for data transfer to trusted geographies. How will it be implemented?
<\/strong>
Today, the global principle of adequacy of data protection is being followed. So, if data has to go to any country and if the data protection is not adequate, then it won\u2019t be on the list. Our IT industry<\/a> and startup ecosystem is based on receiving data from hundreds of other countries.
<\/div><\/div>Why is the proposed penalty an absolute figure and not a percentage of revenue?
<\/strong>
We have seen the impact of adjusted gross revenue definition in telecom<\/a> where the calculation was in terms of percentages. Why shouldn\u2019t we learn from this example in the digital economy? That's why we came up with a graded penalty system. The criteria for implementing a penalty have been very clearly laid out.
\u2018Data Protection Board<\/a> to be Totally Independent\u2019
<\/strong>
The (Data Protection) Board will have to consider aspects like the nature, gravity and duration of noncompliance. We have kept similar provisions in the telecom Bill too. The thought process in both the Bills was that we have to create a digital implementation and graded penalty framework. We have kept a voluntary undertaking construct and an alternative dispute mechanism to reduce unnecessary litigation.
Will the Rs 200-crore penalty be multiplied by the number of users?
<\/strong>
The penalty has been prescribed for every instance of breach, and Rs 200 crore is the upper limit for each instance.
How different is the Data Protection Board from the previous Data Protection Authority? How independent will it be?
<\/strong>
It is totally independent and fully digital by design. We would like to have equal access to justice for all citizens. That is possible only through a digital implementation framework.
<\/strong>
We have seen the impact of adjusted gross revenue definition in telecom<\/a> where the calculation was in terms of percentages. Why shouldn\u2019t we learn from this example in the digital economy? That's why we came up with a graded penalty system. The criteria for implementing a penalty have been very clearly laid out.
\u2018Data Protection Board<\/a> to be Totally Independent\u2019
<\/strong>
The (Data Protection) Board will have to consider aspects like the nature, gravity and duration of noncompliance. We have kept similar provisions in the telecom Bill too. The thought process in both the Bills was that we have to create a digital implementation and graded penalty framework. We have kept a voluntary undertaking construct and an alternative dispute mechanism to reduce unnecessary litigation.
Will the Rs 200-crore penalty be multiplied by the number of users?
<\/strong>
The penalty has been prescribed for every instance of breach, and Rs 200 crore is the upper limit for each instance.
How different is the Data Protection Board from the previous Data Protection Authority? How independent will it be?
<\/strong>
It is totally independent and fully digital by design. We would like to have equal access to justice for all citizens. That is possible only through a digital implementation framework.
<\/div><\/div>What is the government\u2019s intent behind the revised Bill?
<\/strong>
PM Modiji wanted the Bill to be tech agnostic, sector agnostic, and be able to give justice to all citizens. Access to justice is very important. All the principles of privacy should be incorporated. Indian languages should be given their due importance. It is a foundational bill on which sector-specific, modular regulations can be built.
This Bill relates to data stored in a digital format. What happens to the privacy of data stored in the physical format?
<\/strong>
Today, practically 99% of data is already digitised, or maybe even 100%. There\u2019s hardly anything which is on paper now.
You have introduced the concept of a significant data fiduciary. Are any parameters applicable here? What is the idea behind bringing in a graded system?
<\/strong>
There is a significantly better structure here. If you look at Section 11.1, we are saying that based on an assessment of relevant factors \u2014 volume, sensitivity, risk of harm, impact on sovereignty, integrity, threat to electoral democracy, security of the state, public order and such factors. So, it's not just the number of subscribers, it is a very comprehensive framework. Most of the world will adopt the way we have structured it. People were always struggling to define significant data fiduciary.
So, you are saying that this will be a global trendsetter\u2026
<\/strong>
Yes
How will you protect the startup industry?
<\/strong>
We are exempting them from many of the compliances. In Section 18, there is a clause which says they will notify a data fiduciary or a class of data fiduciaries\u2026 many of the provisions will not apply\u2026this is with regard to the volume and nature of personal data. Startups should get the freedom to grow.
When do you intend to table the Bill in Parliament?
<\/strong>
By the budget session.
Does the Board have quasi-judicial powers?
<\/strong>
Every independent regulator will always have this power. So, in effect, the Board is an independent body. It derives those powers from an independent structure.
What happens in case someone tries to challenge it?
<\/strong>
People can challenge (it) and any challenge to the Board's direction can go to the High Court.
Provisions on non-personal and social media were part of the earlier Bill, but not now. What is your view on that?
<\/strong>
In the comprehensive framework that we are building, the entry to the digital world is telecom. For that we have brought in the telecom Bill. For data protection, we have brought the data protection Bill. These are horizontal structures over which other modular regulations can be built. For example, the financial services sector can use these building blocks and come up with smaller focused modular regulations.
<\/strong>
PM Modiji wanted the Bill to be tech agnostic, sector agnostic, and be able to give justice to all citizens. Access to justice is very important. All the principles of privacy should be incorporated. Indian languages should be given their due importance. It is a foundational bill on which sector-specific, modular regulations can be built.
This Bill relates to data stored in a digital format. What happens to the privacy of data stored in the physical format?
<\/strong>
Today, practically 99% of data is already digitised, or maybe even 100%. There\u2019s hardly anything which is on paper now.
You have introduced the concept of a significant data fiduciary. Are any parameters applicable here? What is the idea behind bringing in a graded system?
<\/strong>
There is a significantly better structure here. If you look at Section 11.1, we are saying that based on an assessment of relevant factors \u2014 volume, sensitivity, risk of harm, impact on sovereignty, integrity, threat to electoral democracy, security of the state, public order and such factors. So, it's not just the number of subscribers, it is a very comprehensive framework. Most of the world will adopt the way we have structured it. People were always struggling to define significant data fiduciary.
So, you are saying that this will be a global trendsetter\u2026
<\/strong>
Yes
How will you protect the startup industry?
<\/strong>
We are exempting them from many of the compliances. In Section 18, there is a clause which says they will notify a data fiduciary or a class of data fiduciaries\u2026 many of the provisions will not apply\u2026this is with regard to the volume and nature of personal data. Startups should get the freedom to grow.
When do you intend to table the Bill in Parliament?
<\/strong>
By the budget session.
Does the Board have quasi-judicial powers?
<\/strong>
Every independent regulator will always have this power. So, in effect, the Board is an independent body. It derives those powers from an independent structure.
What happens in case someone tries to challenge it?
<\/strong>
People can challenge (it) and any challenge to the Board's direction can go to the High Court.
Provisions on non-personal and social media were part of the earlier Bill, but not now. What is your view on that?
<\/strong>
In the comprehensive framework that we are building, the entry to the digital world is telecom. For that we have brought in the telecom Bill. For data protection, we have brought the data protection Bill. These are horizontal structures over which other modular regulations can be built. For example, the financial services sector can use these building blocks and come up with smaller focused modular regulations.