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
May 28,2020

May 28: Abdul Kareem was forced out of school and into a life of odd jobs like repairing bicycles before he finally managed to pull his family out of abject poverty transporting goods across Delhi in a mini truck.

The job, and the slim financial security that came with it, was the first stepping stone to a better life.

All that is now gone as India reels under the economic impact of its protracted coronavirus lockdown. Mr Kareem's out of a job and stranded in his village in Uttar Pradesh with his wife and two children. Their minuscule savings from his Rs 9,000 a month job have been exhausted, and the money he saved for books and school uniforms is spent.

"I don't know what the job situation will be in Delhi once we go back," Mr Kareem said. "We can't stay hungry so I will do whatever I find."

At least 49 million people across the world are expected to plunge into "extreme poverty" -- those living on less than $1.90 per day -- as a direct result of the pandemic's economic destruction and India leads that projection, with the World Bank estimating some 12 million of its citizens will be pushed to the very margins this year.

Some 122 million Indians were forced out of jobs last month alone, according to estimates from the Center for Monitoring Indian Economy, a private sector think tank. Daily wage workers and those employed by small businesses have taken the worst hit. These include hawkers, roadside vendors, workers employed in the construction industry and many who eke out a living by pushing handcarts and rickshaws.

For Prime Minister Narendra Modi, who came to power in 2014 promising to lift the poorest citizens out of poverty, the fallout from the lockdown brings with it significant political risk. He won an even larger second term majority last year on the strength of his government's popular social programs that directly targeted the poor, such as the provision of cooking gas cylinders, power and public housing. The breadth and depth of this renewed economic pain will only increase the pressure on his government as it works to steer the country's economy back on track.

"Much of the Indian government's efforts to mitigate poverty over the years could be negated in a matter of just a few months," said Ashwajit Singh, managing director of IPE Global, a development sector consultancy that advises several multinational aid agencies. Noting that he did not expect unemployment rates to improve this year, Singh said: "More people could die from hunger than the virus."

Desperate Times

Mr Singh points to a United Nations University study estimating 104 million Indians could fall below the World Bank-determined poverty line of $3.2 a day for lower-middle-income countries. This will take the proportion of people living in poverty from 60% -- or 812 million currently, to 68% or 920 million -- a situation last seen in the country more than a decade ago, he said.

A World Bank report found the country had been making significant progress and was close to losing its status as the country with the most poor citizens. The impact of PM Modi's lockdown risks reversing those gains.

The World Bank and the CMIE estimates were published in late April and early May respectively. Since then the situation has only become grimmer, with harrowing images of people making desperate attempts to reach their villages, on crowded buses, the flatbeds of trucks and even on foot or on bicycles dominating media coverage.

The Rustandy Center for Social Sector Innovation at the University of Chicago Booth School of Business analyzed the unemployment data from the CMIE, collected through surveys covering about 5,800 homes across 27 states in April.

Researchers found rural areas were the hardest hit, and the economic misery was the result of the lockdown, rather than the spread of infections in the hinterland. More than 80% of households had experienced a drop income and many won't survive much longer without aid, they wrote in a report.

The government has promised cheap credit to farmers, direct transfer of money to the poor and eased access to food security programs -- but these help people who have some documentation, which many of the poorest don't. With millions of impoverished people now in transit across the country, the food security situation is dire -- news reports are emerging of people foraging through piles of rotting fruit or eating leaves.

Shattered Economy

The economy was already growing at its slowest pace in over a decade when the virus struck. The lockdown, which came into effect on March 25, has hammered it, stalling business activity and putting a lid on consumption, pushing the economy to what may be its first full-year contraction in more than four decades.

It's dire enough to warrant the country exiting its lockdown, as it has been doing incrementally since May 4, even as its infections are surging. India is now Asia's virus hotspot with infections crossing 151,000 according to data from Johns Hopkins University.

PM Modi, who has come under criticism for the pain inflicted on the poor, has said his government will spend $265 billion or about 10% of its GDP to help Asia's third-largest economy weather the pandemic's fallout. But experts say only a part of it is direct fiscal stimulus, and probably smaller than the total damage done to the economy during the lockdown period.

"What is especially worrying is the government's response," said Reetika Khera, an economics professor at the Indian Institute of Technology in Delhi. "The epidemic will magnify existing -- and already high -- inequalities in India."

Still, the economic measures aren't going to kick in for some time and industry will likely struggle to restart because of the flight of labour from industrial hubs.

And as the harsh summer unfolds more pain lies in store in the villages now dealing with returning migrant workers.

"There are no factories or industries here, there are just hills," said Surendra Hadia Damor, who had walked nearly 100 km from Ahmedabad, Gujarat, before a voluntary organisation drove him to his village in the neighboring state of Rajasthan. "We can survive for a month or two and then try and find a job nearby -- we will see what happens."

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News Network
March 25,2020

Mumbai, Mar 25: Maharashtra Health Minister Rajesh Tope on Wednesday confirmed that five people from a family in Sangli and four others from Mumbai tested positive for coronavirus, taking the total count to 116, which is the highest in any state of the country.
"The current count of COVID19 patients in the state of Maharashtra is 116. In Sangli, 5 people from one family are identified as positive due to contacts and 4 people from Mumbai are identified as positive due to travel history or contacts," Tope tweeted.
The state Health Minister informed that out of 116 people, 14 people have recovered and are in the process of being discharged from the hospitals.
"14 people from these have been recovered and are in the process of being discharged from the hospitals," he said in another tweet.
Meanwhile, the Sangli district administration in Maharashtra has released contact numbers for citizens to get home delivery of essential items during the 21-day lockdown to prevent the spread of coronavirus.
The police personnel and district administration will be in charge of facilitating delivery for the essential commodities during the lockdown.
The Indian Council of Medical Research (ICMR) on Wednesday confirmed 539 positive cases of coronavirus in the country.
Prime Minister Narendra Modi had on Tuesday announced a 21-day lockdown in the entire country effective from midnight to deal with the spread of coronavirus, saying that "social distancing" is the only option to deal with the disease, which spreads rapidly.

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News Network
May 25,2020

New Delhi, May 25: Mahindra Group Chairman Anand Mahindra on Monday said lockdown extensions are not just economically disastrous but also create another medical crisis.

While acknowledging that choices are not easy for policymakers, he said a lockdown extension will not help.

"Lockdown extensions aren't just economically disastrous, as I had tweeted earlier, but also create another medical crisis," Mahindra said in a tweet.

He was referring to an article that highlighted "the dangerous psychological effects of lockdowns & the huge risk of neglecting non-COVID patients".

Mahindra, who had earlier proposed a comprehensive lifting after 49 days of lockdown, further said, "The choices aren't easy for policy makers but a lockdown extension won't help".

He said, "The numbers (coronavirus cases) will continue to rise & the focus must be on rapid expansion of field hospital beds with oxygen lines".

He further said, "The army has enormous expertise in this".

On March 22, before the government announced nationwide lockdown, Mahindra had proposed such a move expressing concerns over reports that India was likely to have already reached stage 3 of coronavirus transmission.

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