Call for inputs: Draft National Data Governance Framework Policy

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Call for inputs: Draft National Data Governance Framework Policy

Varun Sen Bahl

@varunsenbahl1

May 30, 2022

Public Policy

291

On 26^th May 2022, the Ministry of Electronics and Information Technology (MEITY) released a draft National Data Governance Framework Policy (NDGFP). An overview of the NDGFP is as follows:

It has been released with the purpose of modernizing processes and systems of the Government of India for data collection and management. This is with the aim of (1) encouraging data-driven governance and (2) supporting the growth of an AI ecosystem.
It shall be applicable to (1) “all government departments and entities and rules and standards prescribed will cover all data collected and being managed by any Government entity” (2) “all non-personal datasets and data and platform, rules, standards governing its access and use by researchers and start-ups”.
The NDGFP envisages a detailed institutional framework, centered around an “India Data Management Office” (IDMO) that shall be set up under the Digital India Corporation under MEITY. The IDMO has been given a wide set of functions, including the following:
- The IDMO will establish standards and rules for government entities to define their data storage and retention framework – including on the cloud. It will also create a standard mechanism for inter-government data access.
- The IDMO will design and manage a “non-personal-data-based India Datasets program” and tasks IDMO with building platforms for sharing non-personal data.
- The India datasets program will consist of non-personal and anonymized datasets from government entities that have collected data from Indian citizens or those in India. The IDMO will prescribe rules and standards, including anonymization standards for all entities (govt. and private) that deal with data.
- The IDMO will also “accelerate inclusion of non-personal datasets housed with ministries and private companies into the India Datasets program”. Further, that “private entities will be encouraged to share” non-personal and anonymized datasets.
- The IDMO will process requests and provide access to non-personal and/or anonymized datasets to Indian researchers and startups. It will notify rules to “provide data on priority/exclusively to Indian/India based requesting entities”.
- The IDMO will also work with the Digital India Start-Up Hub to encourage and foster data and AI-based research and start-up ecosystems.
- The IDMO will also set principles to ensure ethical and fair use of data. It may ensure that data usage rights along with permissioned purposes to be with the data principal. It will also set data anonymization standards and rules.
- The IDMO will also institute a mechanism for citizens to request datasets and register grievances.

We also note that the concept of an IDMO was also outlined in an earlier draft India Data Accessibility and Use Policy (IDAUP) released by MEITY in February.

We are currently examining the differences and similarities between the IDAUP and this policy in more detail. For more information on the earlier IDAUP (available here), please see our previous blog post on the IDAUP here (blog) as well as our feedback on the IDAUP, which is available here (feedback).

The deadline for submission of comments on the NDGFP is 11^th June 2022. In this regard, we request you to kindly share your detailed inputs with suitable justifications to us (if any) by or before 6^th June 2022, by writing to varun@nasscom.in and apurva@nasscom.in.

#nonpersonaldata #dataregulation #opendata

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Varun Sen Bahl

Manager - Public Policy

Reach out to me for all things about data regulation, cybersecurity policy, and internet governance.

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