- Why #SaveOurPrivacy?
- What is #SaveOurPrivacy’s mission?
Our mission is to make sure that India gets a privacy and data protection law that protects our fundamental right to privacy. To prevent any dilution of our rights, and to make it easier for all of us to protect our rights we have prepared a draft of a model bill which we are calling the Indian Privacy Code, 2018. We expect it to become better through a process of public endorsement and review.
- How will #SaveOurPrivacy achieve its goal?
This campaign relies principally on public advocacy to grow awareness on privacy and data protection, gather endorsements and nudge government and policy makers to adopt a strong law focused on user rights. We hope that the key ideas, solutions and structure in the Indian Privacy Code, 2018 hasten and inform the legislative process.
- Who has drafted the Indian Privacy Code, 2018 ?
We see further, because we stand on the shoulders of giants.
As a testament to this metaphor the Indian Privacy Code, 2018 builds off on an incremental process. It takes its foundation and inspiration from the Privacy (Protection) Bill, 2013 which was drafted over a series of roundtables and inputs conducted by the Centre for Internet and Society, Bangalore. To update and to make it's scope comprehensive it has been drafted by distilling 7 privacy principles from various constitutional and expert texts. This has been done by a team consisting of (alphabetical listing): Apar Gupta, Gautam Bhatia, Kritika Bhardwaj, Maansi Verma, Naman M. Aggarwal, Praavita Kashyap, Prasanna S., Raman Jit Singh Chima, Ujwala Uppaluri, Vrinda Bhandari.
- Engage with #SaveOurPrivacy in three steps
1. Endorse this effort
We have distilled seven foundational principles of privacy and data protection and proceeded from there to draft the Indian Privacy Code, 2018. The first thing you can do is to have a look and read these principles, comment upon and endorse them.
2. Contribute and comment
Building on the foundation of these Privacy principles we drafted a comprehensive draft law. We named this the Indian Privacy Code, 2018. Even though we have tried our best, it is a modest first effort. The draft text is complex, a nuanced document which needs review and comment. Please spare some time, pick up a section or provision which you think may need more work and provide us with your inputs.
3. Make noise!
Call on your friends, family and social circle to give wide publicity to #SaveOurPrivacy. Make this campaign your own by posting about it on social media, making memes and calling on others to become supporters and take action.
- What is the government doing about a privacy law?
India has reached its privacy moment. All forums of democratic discourse are heavily invested in this right now. From the Snowden revelations, Aadhaar and now Cambridge Analytica, the clear message is that our data is not safe and our privacy is under threat.
So what's been happening recently?
Debates in Parliament! Almost every session of Parliament has seen discussions and occasionally, uproars over Aadhaar or the right to privacy. Members of Parliament have been actively engaged; with Parliament's standing committee on finance issuing a report urging for the creation of a data protection law and several MPs filing detailed private member bills on privacy and data protection.
Arguments are being made in Courts! On the judicial front, there are a growing number of cases. The first battle on safeguarding the status of privacy as a fundamental right was won, with the Supreme Court of India affirming that each Indian has a fundamental right to Privacy under the Constitution of India. But this is just the beginning.
But is there actual movement on legislation?India has seen many drafting efforts since 2010 to enact a data protection and privacy law. However, despite repeated public statements little has come out of it. In the middle of last year during the Aadhaar hearing, the Government of India constituted a committee of experts under the chairmanship of former Supreme Court Justice Shri B N Srikrishna. This committee had released a white-paper and is also expected to recommend a draft law to the Ministry of Electronics and IT.
Nudge the government to do more. The previous UPA government had established a committee of experts under the Planning Commission chaired by former Delhi High Court Chief Justice AP Shah which published a 9-point focused report in 2012 but we saw little movement on this till last year. In the past, we have wasted a lot of time, while more and more personal data has continued to be harvested from us. If we need an effective privacy law which protects us we need to push the Government. We need to call on them to #SaveOurPrivacy.