Post-RTI, buzz now is privacy law

October 19, 2012
RTI_Law

New Delhi, October 19: An expert group has suggested a law to protect privacy of citizens, recommending that both government and private sector organisations should be covered by the proposed legislation, being drafted by the Department of Personnel and Training.

Suggesting a “conceptual framework” for the proposed legislation to the Planning Commission on Thursday, the group recommended that right to privacy should be extended to individuals, except in cases of national security, public order and prevention, detection, investigation and prosecution of criminal offences.

Disclosure of information shold be made only when it is in public interest. Protection of an individual or rights and freedom of others may also be considered an exception to the application of the proposed right to privacy law, the group headed by former Chief Justice of Delhi High Court A P Shah said.

The ambit of the privacy legislation should extend to data being processed in India, and data that originated in India, even when it is transferred internationally. The violation of the proposed law should constitute an offence and penalty be imposed on the violator, it recommended but did not quantify the amount of penalty.

Prime Minister Manmohan Singh had recently called for maintaining a “fine balance” between the Right to Information (RTI) Act and the Right to Privacy.

He also said the citizens’ right to know should definitely be circumscribed if disclosure of information encroached upon someone’s personal privacy.

This came in the wake of RTI activist Arvind Kejriwal’s accusations against the dealings of the company owned by Robert Vadra with housing major DLF and Union Ministers including P Chidambaram terming the dealings as “an issue between two private individuals.”

While releasing the report, Justice Shah noted that protection of the right to privacy guaranteed under the Constitution was a major concern with the initiation of programmes like Unique Identification number, NATGRID and DNA profiling, most of which will be implemented through the communication and information technology in the country.

To ensure protection of right to privacy of individuals, the panel outlined nine “national privacy principals” for collection, processing, storage, access retention, destruction and maintaining anonymity of the information collected about an individual.

Under these principals, a data (information) controller will be required to give simple information to all individuals in clear and concise words before collection of any personal information about them. The individuals will also be given choice with regard to providing personal information.

So far telephones were tapped by an executive order. The panel has recommended that under emergency situation, telephone of an individual could be tapped by an executive order just for first 15 days.

The authorities will have to seek a court order for continuing further tapping of telephone of an individual, Justice Shah said.

After personal information has been used in accordance with the identified purpose, it should be destroyed. Data retention mandates by the government should be in compliance with the national privacy principals, the report said.

Justice Shah, however, clarified that recommendations his committee for formulation of the proposed legislation would not come in conflict with the Right to Information Act, saying, “RTI also recognizes right to privacy.” The privacy Act should not circumscribe the Right to Information Act.

Additionally, RTI recipients should not be considered a data controller, the panel categorically said in its report.


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News Network
March 30,2020

Thiruvananthapuram, Mar 30: The Kerala chapter of the Indian Medical Association (IMA) has said that the state government's decision to sell alcohol to those with a prescription from doctors for having withdrawal symptoms is not a scientific one.

"Scientific treatment should be given to those who have alcohol withdrawal symptoms. It can be treated at home or in hospitals with medicines. It is not scientifically acceptable to offer alcohol to such people instead," a statement by IMA said.
The IMA said that they have taken the matter up with Chief Minister Pinarayi Vijayan.

The association said that the doctors have no legal obligation to provide a prescription for alcohol.

"Writing a liquor prescription can result in the cancellation of the right to treatment. We have brought it to the notice of Chief Minister," it added.

IMA state president Dr Abraham Varghese and state secretary Dr Gopi Kumar said that scientific treatments are good for those with withdrawal symptoms and added that if other methods are adopted it will only complicate matters.

Kerala government had earlier said that it was considering the option of online sale of liquor in the state to those with a prescription from doctors.

The decision had come in the backdrop of a country-wide lockdown to prevent the spread of coronavirus.

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News Network
January 20,2020

Davos, Jan 20: India's richest 1 per cent hold more than four-times the wealth held by 953 million people who make up for the bottom 70 per cent of the country's population, while the total wealth of all Indian billionaires is more than the full-year budget, a new study said on Monday.

Releasing the study 'Time to Care' here ahead of the 50th annual meeting of the World Economic Forum (WEF), rights group Oxfam also said the world's 2,153 billionaires have more wealth than the 4.6 billion people who make up 60 per cent of the planet's population.

The report flagged that global inequality is shockingly entrenched and vast and the number of billionaires has doubled in the last decade, despite their combined wealth having declined in the last year.

"The gap between rich and poor can't be resolved without deliberate inequality-busting policies, and too few governments are committed to these," said Oxfam India CEO Amitabh Behar, who is here to represent the Oxfam confederation this year.

The issues of income and gender inequality are expected to figure prominently in discussions at the five-day summit of the WEF, starting Monday. The WEF's annual global risks Report has also warned that the downward pressure on the global economy from macroeconomic fragilities and financial inequality continued to intensify in 2019.

Concern about inequality underlies recent social unrest in almost every continent, although it may be sparked by different tipping points such as corruption, constitutional breaches, or the rise in prices for basic goods and services, as per the WEF report.

Although global inequality has declined over the past three decades, domestic income inequality has risen in many countries, particularly in advanced economies and reached historic highs in some, the Global Risks Report flagged last week.

The Oxfam report further said "sexist" economies are fuelling the inequality crisis by enabling a wealthy elite to accumulate vast fortunes at the expense of ordinary people and particularly poor women and girls.

Regarding India, Oxfam said the combined total wealth of 63 Indian billionaires is higher than the total Union Budget of India for the fiscal year 2018-19 which was at Rs 24,42,200 crore.

"Our broken economies are lining the pockets of billionaires and big business at the expense of ordinary men and women. No wonder people are starting to question whether billionaires should even exist," Behar said.

As per the report, it would take a female domestic worker 22,277 years to earn what a top CEO of a technology company makes in one year.

With earnings pegged at Rs 106 per second, a tech CEO would make more in 10 minutes than what a domestic worker would make in one year.

It further said women and girls put in 3.26 billion hours of unpaid care work each and every day -- a contribution to the Indian economy of at least Rs 19 lakh crore a year, which is 20 times the entire education budget of India in 2019 (Rs 93,000 crore).

Besides, direct public investments in the care economy of 2 per cent of GDP would potentially create 11 million new jobs and make up for the 11 million jobs lost in 2018, the report said.

Behar said the gap between rich and poor cannot be resolved without deliberate inequality-busting policies, and too few governments are committed to these.

He said women and girls are among those who benefit the least from today's economic system.

"They spend billions of hours cooking, cleaning and caring for children and the elderly. Unpaid care work is the 'hidden engine' that keeps the wheels of our economies, businesses and societies moving.

"It is driven by women who often have little time to get an education, earn a decent living or have a say in how our societies are run, and who are therefore trapped at the bottom of the economy,” Behar added.

Oxfam said governments are massively under-taxing the wealthiest individuals and corporations and failing to collect revenues that could help lift the responsibility of care from women and tackle poverty and inequality.

Besides, the governments are also underfunding vital public services and infrastructure that could help reduce women and girls' workload, the report said.

As per the global survey, the 22 richest men in the world have more wealth than all the women in Africa.

Besides, women and girls put in 12.5 billion hours of unpaid care work each and every day -- a contribution to the global economy of at least USD 10.8 trillion a year, more than three times the size of the global tech industry.

Getting the richest one per cent to pay just 0.5 per cent extra tax on their wealth over the next 10 years would equal the investment needed to create 117 million jobs in sectors such as elderly and childcare, education and health.

Governments must prioritise care as being as important as all other sectors in order to build more human economies that work for everyone, not just a fortunate few, Behar said.

Oxfam said its calculations are based on the latest data sources available, including from the Credit Suisse Research Institute's Global Wealth Databook 2019 and Forbes' 2019 billionaires list.

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coastaldigest.com web desk
August 1,2020

New Delhi, July 1: In a terrific incident with chilling echoes of the 2015 Dadri mob lynching, a Muslim man, who was carrying meat, was savagely attacked by a mob belonging to a saffron outfit in the presence of in BJP ruled Haryana on the eve of Eid al-Adha. 

The incident occurred at around 9 a.m. on Friday, July 31 at Badshahpur village in Haryana’s Gurgaon, when Lukman was transporting meat in a pic-kup truck. 

The attack was captured on mobile phones by onlookers and the video clips of the incident are now spreading on social media. 

A group of saffronite cow vigilantes chased the truck for about 8 km managed waylay it. Lukman, who was driving the truck was pulled out and brutally assaulted on the suspicion that he was transporting cow meat.

Just like Dadri, the police were faster at sending the meat to a lab for testing than catching any one of the suspects. One of the assailants - Pradeep Yadav- has been arrested. 

After being beating to an inch of his life, Lukman was bundled into the pick-up truck and taken back to Gurgaon's Badshahpur village where the goons started thrashing him again.

This is when the police stepped in and stopped them - only to find the assailants fearless enough to even take on them.

Lukman was taken to a hospital and the police filed a case against "unidentified individuals" even though the video of the incident recorded by witnesses shows the faces of the assailants.

The owner of the vehicles said that the meat was buffalo and he has been in the business for 50 years.

The police have so far refused to give a statement on record on the incident and explain their inaction as seen on video.

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