data that originally pertained to or identified a person but has subsequently been anonymised, making it impossible to identify the underlying natural person. Examples that fall under this category are non-adherence to the core principles of processing personal data, infringement of the rights of data subjects and the transfer of personal data to third countries or international organizations that do not ensure an adequate level of data protection. The most common definition is provided by the National Institute of Standards and Technology (NIST). What is Personal Data? Non-PII data typically includes data collected by browsers and servers using cookies. NATIONAL SECURITY, DATA PROTECTION AND DATA SHARING AFTER THE DATA PROTECTION ACT 2018. The legal system in the United States is a blend of numerous federal and state laws and sector-specific regulations. By using “natural person,” the GDPR is saying data about companies, which are sometimes considered “legal persons,” are not personal data. Discussions around the appropriate stance for Indian policy with respect to such data flows has grown in recent months. data which does not originate from or identify any human being. This may leave traces which, in particular when combined with unique identifiers and other information received by the servers, may be used to create profiles of the natural persons and identify them. Copyright © 2020 MediaNama. As modern markets become increasingly data-driven, every participating individual and firm in this market generates large data trails. Personal data are any information which are related to an identified or identifiable natural person. This presents a compelling reason for the proposed DPA to set out policies for NPD to mitigate re-identification risk. [2] Section 3(29) of the states that “Personal data” means data about or relating to a natural person who is directly or indirectly identifiable, having regard to any characteristic, trait, attribute or any other feature of the identity of such natural person, or any combination of such features, or any combination of such features with any other information;”. Retrieved from SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3340543. The Ministry of Commerce and Industry is better suited to address these issues. They are unlikely that they fall within the purview of the draft Bill and the DPA (except to the extent of protection where personal data of individuals is involved). Save my name, email, and website in this browser for the next time I comment. 3. Retrieved from Ministry of Electronics and Information Technology (MEITy): https://meity.gov.in/writereaddata/files/constitution_of_committee_of_experts_to_deliberate_on_data_governance-framework.pdf, Ministry of Consumer Affairs, Food and Public Distribution. Impact: 500 million customers. Ensuring competitiveness in the digital economy. Natural persons may be associated with online identifiers provided by their devices, applications, tools and protocols, such as internet protocol addresses, cookie identifiers or other identifiers such as radio frequency identification tags. The draft Bill contains a wide exemption from protections of personal data for Security of the State (in section 42). Personal data covers a much broader definition than the previous legislation demanded. As these negotiations progress, they could have an impact on policy frameworks that would govern persona data and NPD. Date: 2014-18. It could monitor technological developments and commercial practices that may affect personal data protection review and anonymisation methods as required. Retrieved from IAPP: https://iapp.org/news/a/looking-to-comply-with-gdpr-heres-a-primer-on-anonymization-and-pseudonymization/, Xynou, M., & Hickok, E. (2009, December 23). Though the non-personal data draft is a pioneer in identifying the power, role, and usage of anonymised data, there are certain aspects such as community non-personal data, where the draft could have been clearer, experts said. According to. [4] Section 91 of the Code of Criminal Procedure (CrPC), 1973 (Summons to produce document or other thing) carries the provision to access any stored content. Examples include data from routine trade activity like supply chains and trading contracts, data from E-commerce, information technology services etc. While there are clear benefits to the free flow of data across the economy, research is slowly uncovering some effects that might counter or offset some of those benefits. According to NIST, PII can be divided into two categories: linked and linkable information. If we need to draw a clear line here, then we would apply the legal framework and whom this data applies to. You're processing personal data to the benefit of your company or others in a way that your users would reasonably expect, with minimal risk and impact on individuals (legitimate interests). The Regulation ensures: 1. However, where these concerns are raised with regard to NPD, they are unlikely that they fall within the purview of the draft Bill and the DPA as no personal data of individuals is involved. We conclude by considering the question of whether there is a case for mandating free flow of NPD across sectors in India and across borders. Human NPD includes anonymised datasets of personal data such as personal health records, online/e-commerce shopping histories, location histories etc. [Infographic] How to Collect and Process Data Under GDPR? These traces might enable you to identify individuals, so you need to handle such data with the utmost caution. Retrieved from Department of Consumer Affairs: https://consumeraffairs.nic.in/sites/default/files/file-uploads/latestnews/Guidelinesone-Commerce.pdf, Ministry of Finance. On the other hand, personal data has one legal meaning, which is defined by the General Data Protection regulation (GDPR), accepted as law across the European Union (EU). Together these features create a tendency for digital markets to ‘tip’ swiftly and disproportionately in the favour of an incumbent provider (Digital Competition Expert Panel, 2019). Accordingly, we suggest the following approach. As a website admin, app creator or product owner, you need to be aware that the traces visitors and users leave behind could be of a sensitive nature. The differences between the two are also becoming less distinct. Compiled datasets, hence, carry a high risk of reidentification, post which re-identified personal data can be used for malicious purposes which can harm data principals. Linkable information is indirect and on its own may not be able to identify a person, but when combined with another piece of information could identify, trace or locate a person. E-Commerce data could contain mixed datasets of personal information, non-human NPD and human NPD so would need to be governed taking into account all four considerations above. Details: Marriott International … If NPD is not considered personal data, then it would fall outside the scope of the DPA’s authority except to the extent of objective (iv) above. Retrieved from OECD Glossary of Statistical Terms: https://stats.oecd.org/glossary/detail.asp?ID=3203. Any policy on the governance of NPD data flows will need to take into account India’s obligations under the international trade regime. (2019, May 29). 2.4. 2.2. Supporting the growth and development of trade and commerce is a key imperative for the Indian Government. Your email address will not be published. On the specific types of NPD mentioned in the question, it appears that: 2.1. age range e.g. Committee of the Experts under the chairmanship of Justice Srikrishna. All rules and responsibilities regarding personal data are set out by the GDPR, which aims to strengthen and unify data collection from EU residents. By definition, it makes it profitable to serve more consumers instead of few (OECD, 2002) as average costs exhibit a declining trend. Digital Competition Expert Panel. LinkedIn Profile, October 19, 2020 by Karolina Matuszewska, November 9, 2020 by Karolina Matuszewska. It considers the value that can be extracted from this data by the means of aggregation as well as data analytical methods that are now available. It is proposed that the DPA only regulate aspects pertaining to privacy & data protection risks in NPD. GDPR personal data is a broad category. The definition of processing appears at Article 4(2) of the GDPR:This definition is In July 2019, the Economic Survey of India 2018-19 called out the “data explosion of recent years” and stated that the data of Indians was akin to a natural resource belonging to the country, or a public good which may be utilised for the economic benefit (Ministry of Finance, 2019). vehicle identification number (VIN), Non-specific age (e.g. State of Privacy India. However, the line between PII and other kinds of information is blurry. However, data interoperability may not be a universally applicable tool to promote competition given its adverse impact on incentives for innovation and business secrets. (iii) Control over data: Together economies of scale and network effects can lead to a generation of more data, which can help incumbents to finetune their services. (ii) Trade-related issues relating to NPD pertain to matters which require serious consideration of domestic and foreign trade policies which are governed under international frameworks like GATT, GATS and the WTO. Sage. Keeping your information safe is now the exception, not the rule. (iv) Economies of scope: As incumbent providers get access to varied datasets over time, they are also able to enter other markets more easily and stunt the development of secondary markets elsewhere (UNCTAD, 2019). As identified, any future framework for the governance of NPD must consider the objectives of the competition, trade, national security and privacy. It has the power to make regulations and codes to mitigate reidentification risks and allied privacy concerns. (2014). The potential measures it could support to mitigate re-identification risks are as follows: (i) The DPA could support codes to set standards for anonymisation that are thorough in masking directly and indirectly identifiable data to prevent singling out, linking or by inferencing. Our experts will be happy to fill you in! Member states of the WTO are essentially restricted from discriminating between products and services coming from different WTO Members, and between foreign and domestic products and services unless they can avail of exceptions (Burri, 2017, pp. The DPA should, therefore, be the regulator human non-personal data and mixed data in this context. Free and Fair Digital Economy. Given the different considerations for the different categories of NPD, a blanket, one-size-fits-all governance framework may not be the optimal regulatory stance. GDPR, a General Data Protection Regulation, is a regulation that aims to improve personal data protection in European Union.It becomes enforceable from 25 May 2018. Personal data is defined under the draft Personal Data Protection Bill, 2018 (draft Bill) under section 3(29)[2] (MEITy, 2018). The Personal Data Protection Bill, 2018. More specifically, this section gives the courts of India, or relevant enforcement personnel to summon a person to produce any articles or documents that may be deemed necessary for any inquiry, investigation or trial taking place under the CrPC. The published Regulation does not define or make any explicit reference to the term ‘non-personal data’. However, in the case of NPD access, these matters are unlikely to fall within the purview of the draft Bill and the DPA (except to the extent of protection where personal data of individuals is involved). Even anonymisation does not guarantee that privacy risks will not arise from processing activities. 20-40 Information gathered by government bodies or municipalities such as census data or tax receipts collected for publicly funded works Aggregated statistics on the use of a product or service The broad definitions of PII and personal data are evolving to cover more and more kinds of data. Facebook also collects information on how you use its services. (2019). The GDPR does not regulate how UK businesses are entitled to process non-personal data, but the extent of personal data covered by the GDPR is now far wider than it was before. Community data (assuming it does not contain personally identifiable information) and Anonymised data would be human NPD which would need to be governed taking into account all four considerations above relating to competition, trade & commerce, national security and privacy (re-identification risks). More about MediaNama, and contact information, here. Privacy considerations arise where natural persons are identified through the processing of NPD or re-identified when anonymised NPD is de-anonymised. Opinion 05/2014 on Anonymisation Techniques. Grasping the bigger picture is crucial for your organization’s security and legal compliance. Still, the scope of the GDPR is not really limited to the EU. It includes all data about or relating to a natural person who is directly or indirectly identifiable by such data. (iii) National security-related issues relating to NPD pertain to the use, and the potential for misuse of the vast amounts of human and non-human non-personal data by government agencies. Separately, section 70 of the IT Act gives any competent authority the power to notify and authorise access to computer resources as Critical Information Infrastructure. Originally pertained to or identified a person but has subsequently been anonymised, making it impossible identify... 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