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3rd August - The Hindu Editorial - Part-2(in Hindi)
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Subhodeep Das
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  1. Abasis for Opposition unity Data localisation is no solution Data localisation is no solution The data protection bill is an opportunity for India to be a partner under the CLOUD Act S. UBHODEEP


  2. Calls for data localisation are not new. Mainstay of Indian policymakers' demands from foreign technology companies. The Justice Srikrishna Committee in its report - draft Personal Data Protection Bil notes that eight of the top 10 most accessed websites in India are owned by U.S. entities. This reality has often hindered Indian law enforcement agencies when investigating routine crimes or crimes with a cyber element. Police officials are forced to rely on a long and arduous bilateral process with the U.S. government to obtain electronic evidence from U.S. communication providers. The committee seeks to correct this. UBHODEEP


  3. THEDU EDITORIAL DISCUSSION 3rd August THE HINDU


  4. The Bill calls for a copy of user data to be mandatorily localised in India, believing that it will "boost" law enforcement efforts to access data necessary for investigation and prosecution of crimes The last few months have witnessed an amplification in data localisation demands, with the Reserve Bank of India, to take one example, calling for local storage of financial data. The reason that Indian law enforcement relies on an outdated Mutual Legal Assistance Treaty (MLAT) process to obtain data stored by U.S. companies is because the U.S. law effectively bars these companies from disclosing user data to foreign law enforcement authorities. UBHODEEP


  5. Technology companies are allowed to share data such as content of an email or message only upon receiving a federal warrant from U.S. authorities This scenario will not change even after technology companies relocate Indian data to India The committee too acknowledges that data localisation is not a perfect solution Its decision is borne out of hope that when questions of data access are determined, their storage here will give rise to a strong Indian claim. UBHODEEP


  6. Even if Indian authorities force compliance from U.S. companies, it will only solve a part of the problem. citizens only. Localisation can provide data only for crimes that have been committed in The draft bill mandates local storage of data relating to Indian India, where both the perpetrator and victim are situated in India. UBHODEEP


  7. The Clarifying Lawful Overseas Use of Data (CLOUD) Act, passed by the U.S. Congress earlier this year, seeks to de-monopolise control over data from U.S. authorities The law will for the first time allow tech companies to share data directly with certain foreign governments This, however, requires an executive agreement between the U.S. and the foreign country certifying that the state has robust privacy protections, and respect for due process and the rule of law. On procedural questions of law enforcement access, the draft Bill falls very short. how this data will be obtained by police authorities - whether within its mandate or not. S. UBHODEEP


  8. The CLOUD Act creates a potential mechanism through with countries such as India can request data not just for crimes committed within their borders but also for transnational crimes involving their state interests. requirements such as a time limit for which data can be stored by law enforcement are missing from the Bill. UBHODEEP


  9. Concerns: laundering that the committee rightly highlights will often involve individuals and accounts that are not Indian, and therefore will not be stored in India. For investigations into such crimes, Indian law enforcement will have to continue relying on cooperative models like the MLAT process. The Bill, while recognising principles of legality, "necessity and proportionality" for data processing in the interest of national security and investigation of crimes, fails to etch out the procedural rules necessary for actualising these principles. UBHODEEP


  10. The Committee has instead placed the onus on Parliament to enact another comprehensive legislation for surveillance reform If New Delhi recognises this opportunity and reforms laws around government access to data, both the Indian user and law enforcement will be better served in the long run. UBHODEEP


  11. EDTTORIA The public-private gap in health care the public-private gap in health care Policymakers have shown no inclination to provide equitable medical care S. UBHODEEP