American businesses that sell surveillance products and services could refuse to serve Indian government if they choose to follow the due diligence guidance released by the US State Department and undertake a human rights review recommended in it. Of the 22 laws and policies that the State Department has highlighted as red flags that make a surveillance product susceptible to human rights abuse, India has enacted at least 14 of them. These include mandatory SIM registration, curbs on free media, persecution of dissidents, tracking people's online activities, and a nationwide facial recognition programme amongst others. However, the key point to remember is that the document — officially named as the Guidance on Implementing the UN Guiding Principles for Transactions Linked to Foreign Government End-Users for Products or Services with Surveillance Capabilities — is not a legal or regulatory requirement under…
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Do we have an enabling system for the National Data Governance Framework Policy (NDGFP) aiming to create a repository of non-personal data?
A viewpoint on why the regulation of cryptocurrencies and crypto exchnages under 2019's E-Commerce Rules puts it in a 'grey area'
India's IT Rules mandate a GAC to address user 'grievances' , but is re-instatement of content removed by a platform a power it should...
Why ‘group privacy’ should be recognised, and how ‘non-personal’ data becomes a regulatory blindspot
There is a need for reconceptualizing personal, non-personal data and the concept of privacy itself for regulators to effectively protect data
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