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Released: Draft report of the Committee on Non Personal Data; Comments sought by August 13, 2020

July 13, 2020

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The Committee on Non-Personal Data has today  sought comments on its draft report by August 13, 2020 to help it finalise the same. The draft report is attached and is available if you click here. The notice for feedback has been issued here and is pasted below for ready reference.

We will be engaging with the industry on this and look forward to your views.Do contact Indrajeet Sircar (Indrajeet@nasscom.in) or Ashish Aggarwal (Asaggarwal@nasscom.in).

As you may be aware, a Committee of Experts under the Chairmanship of Shri. Kris Gopalakrishnan was constituted vide OM No. 24(4)2019- CLES on 13.09.2019 to deliberate on Non-Personal Data Governance Framework.

The following are the terms of reference of the said committee:

  1. To study various issues relating to Non-Personal Data.
  2. To make specific suggestions for consideration of the Central Government on the regulation of Non-Personal Data.

The committee has drafted its report. The report touches upon several emerging and innovative ideas on Non-Personal Data such as attempts to give definition of Non-personal Data and the concept of community data and the appropriate rights and privileges over this data, defines three categories– Public, Community and Private, definition of a new concept called Data Business, Open access meta-data registers, Consent for anonymisation of data, sensitivity of Non-Personal Data, defined purposes for data sharing as sovereign purpose, core public interest purposes and economic purposes. The report recommends the establishment of a Non-Personal Data Regulatory Authority with an enabling role as well as enforcing role.

The report:

(a) Presents trends in data availability, its socio-economic impact leading to imbalances in the market, under-optimal use of data for economic, social, and public purposes, and makes a case for regulating data.
(b) Defines Non-Personal Data and key roles.
(c) Articulates a legal basis for establishing rights over Non-Personal Data.
(d) Defines a Data Business and articulates requirements for its registration and data disclosure.
(e) Recommends mechanisms for data sharing while defining three purposes (sovereign, core public interest, and economic purposes) for data sharing.
(f) Recommends a Non-Personal Data Authority and articulates its two roles(enabling and enforcing). It also proposes separate legislation to govern and regulate Non-Personal Data.
(g) Provides technology-related guidelines for digitally implementing the recommended rules and regulations around data sharing.

The Expert Committee on Non-Personal Data Governance Framework seeks feedback on the report. The feedback will help the committee finalize its report.

The consultations may have the following criteria:

  1. The feedback may be given by anyone individual/company/firm etc.
  2. A declaration to be made on the feedback page stating, ‘The feedbacks submitted here will be kept confidential, no public disclosure will be made at any stage’.
  3. The fields of personal data collected while submitting the feedback may as follows:
    • Name
    • Company/Organization
    • Address
    • Contact No.
    • Email address (Mandatory)

4.You may type out your feedback in a textbox provided for the purpose or in form of upload of a MS Word format only. (for smooth function of the review process)

Feedback may be sent on the myGOV portal by 13th August, 2020.


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ashish.aggarwal

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