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Quick Take: Your personal information should be protected even if public

A Data Protection Bill should ensure protection of your personal data, public or private, and empower you. Does ‘deemed consent’ allow that?

According to India's latest draft privacy law, if your photos are on social media, anyone can scrape and use them for AI and profiling, because they're public: there's "Deemed consent" for publicly available personal data". Also, they don't need to tell you they're doing this. You'll never know if someone is scraping your data, as per the current draft Digital Data Protection Bill 2022. What if your information was made public without your consent? Being informed via a notice allows you to withdraw consent and ask for the data to be erased. But even if you find out and withdraw consent, can't the entity (government, private company or political party) deem consent again? Seems like an infinite loop of privacy violation. A Data Protection Bill should ensure protection of your personal data, public or private, and empower you.

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Written By

Founder @ MediaNama. TED Fellow. Asia21 Fellow @ Asia Society. Co-founder SaveTheInternet.in and Internet Freedom Foundation. Advisory board @ CyberBRICS

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