WB panel awards Rs 30L to kin of baby died due to docs’ negligence

DHNS
November 21, 2017

Kolkata, Nov 21: The West Bengal Clinical Establishment Regulatory Commission has awarded compensation in one of the eight cases, which it has heard in the last six months after it was constituted following after the West Bengal Clinical Establishment (Registration, Regulation and Transparency) Act, 2017 came into force.

Some of the provisions of the Act are similar to the controversial Karnataka Private Medical Establishments (Regulation) Bill, 2017.

 With most of the cases being dismissed after detailed hearings, the West Bengal Clinical Establishment Regulatory Commission on June 23, 2017 found Apollo Gleneagles Hospital guilty and held three doctors negligent in treating a baby, who died on April 19, 2017.

The WBCERC awarded a compensation of Rs 30 lakh to the baby's family and said in its order that the hospital was guilty of mismanagement and misrepresentation of facts and deficiency in services. It also concluded that three doctors seemed to be negligent in carrying out the treatment as expected.

Four-month-old Kuheli Chakraborty, who was admitted to the hospital for a colonoscopy, died primarily because of an anaesthetic overdose.

Aggrieved patients or their kin can approach the Commission under the bill, which was passed on March 17, to redress their grievance.

The provisions of the Act empowers the Commission to award compensation to victims of negligent treatment at private facilities up to Rs 50 lakh and in cases of negligent treatment, hospitals would be liable to compensate victims upto Rs 3 lakh for simple injury, upto Rs 5 lakh for grievous injury and not less than Rs 10 lakh in case of death.

Under the Act, hospitals would be bound to treat victims of road accidents, acid attacks and rape victims irrespective of their ability to bear treatment costs and bodies of patients would have to be released in the eventuality of relatives' inability to pay bills in full.

The law provides for fixing charges for outpatients and inpatients and diagnostics.

Though the Act has been widely welcomed by the people, there are also apprehensions as to whether it will hamper investments in the health sector.

A section of doctors has also expressed dismay over the Commission having no powers to rein in malpractices in government hospitals and that the act gives excessive powers to the public as far as emergency treatment is concerned and some might be tempted to misuse provisions of the act.

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Agencies
June 22,2020

New delhi, Jun 22: As consumer sentiment runs high amid growing chorus for boycotting Chinese goods in the country, the fluid market situation offers new opportunities for various smartphone makers, especially the non-Chinese ones like Samsung, Apple, Nokia, Asus and others, to realign their strategies and regain the lost market share in the face of fierce Chinese competition.

The challenge here would be not to look "opportunistic" and leverage the current explosive situation on just riding on the anti-Chinese sentiment but to offer real challenges in the form of top-end devices with solid internals at affordable price points, feel industry experts.

"The current market conditions in India are fluid and open up new opportunities for smartphone original equipment manufacturers (OEMs) to focus and leverage," Prabhu Ram, Head-Industry Intelligence Group, CyberMedia Research (CMR), told IANS.

In the first quarter (January-March) this year, Samsung's shipments were driven by its upgraded A and M series (A51, A20s, A30s, and M30s).

According to Counterpoint Research, Samsung managed to hold third position in Q1 2020 due to launches across several price tiers, especially in the affordable premium segment (S10 Lite, Note 10 Lite).

The South Korean smartphone maker last week announced a Rs 4,000 price drop on its popular Galaxy Note10 Lite smartphone that will now cost Rs 37,999 (6GB variant).

Earlier this month, Samsung launched two new smartphones, Galaxy M11 and Galaxy M01, with powerful batteries under Rs 15,000 in India.

Galaxy M11 comes in two variants. The 3GB+32GB will be priced at Rs 10,999 while the higher 4GB+64GB variant will be available for Rs 12,999.

Samsung has also launched an affordable Galaxy A21s smartphone with quad-camera system and 5,000mAh battery at a starting price of Rs 16,499.

Also read: Boycott China? OnePlus 8 Pro sold out within minutes of going on sale

On the other hand, Apple grew a strong 78 per cent YoY driven by strong shipments of iPhone 11 and multiple discounts on platforms like Flipkart and Amazon in Q1, according to Counterpoint.

Apple has also brought its cheapest yet powerful new iPhone SE that costs Rs 38,900 (64GB) in India with a special offer from HDFC Bank. The new iPhone SE is powered by the Apple-designed A13 Bionic, the fastest chip in a smartphone and features the best single-camera system ever in an iPhone.

According to Tarun Pathak, Associate Director, Counterpoint Research, consumer sentiments are running high and a section of users will look for alternatives, benefitting global and Indian brands.

"However, we do not think non-Chinese brands will run aggressive campaigns based on the situation as it might look like being opportunistic," Pathak told media.

It may actually let brands of Chinese origin try to run aggressive campaigns on their presence and scale.

"Some of these Chinese brands have been active in scaling up local value addition, creating jobs and investing in research and development," Pathak noted.

On Saturday, market leader Xiaomi said that it is "more Indian" than any other smartphone brand.

The company's India head Manu Kumar Jain said that the company's mobile phone R&D centre and product team is in India, it employs 50,000 people in the country, the entire leadership team is Indian and that the company pays its taxes in India.

Earlier, Realme India CEO Madhav Sheth who is also very active on social media said that Realme is an Indian startup.

In his latest episode of Ask Madhav' series on YouTube, Sheth said: "I can proudly say Realme is an Indian startup, which is now a global MNC (multinational corporation)".

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Agencies
February 27,2020

Feb 27: With the window to submit comments on India's proposed personal data protection law closing on Tuesday, a period of anxious wait for final version of the Bill started for social media firms.

This comes even as global Internet companies have called on the government for improved transparency related to intermediary Guidelines (Amendment) Rules and allay fears about the prospect of increased surveillance and prompting a fragmentation of the Internet in India that would harm users.

As per the proposed amendments, an intermediary having over 50 lakh users in the country will have to be incorporated in India with a permanent registered office and address.

When required by lawful order, the intermediary shall, within 72 hours of communication, provide such information or assistance as asked for by any government agency or assistance concerning security of the state or cybersecurity.

This means that the government could pull down information provided by platforms such as Wikipedia, potentially hampering its functioning in India.

In the open letter to IT Minister Ravi Shankar Prasad, leading browser and software development platform like Mozilla, Microsoft-owned GitHub and Cloudflare earlier called for improved transparency by allowing the public an opportunity to see a final version of these amendments prior to their enactment.

According to a Business Insider report, Indian users may lose access to Wikipedia if the new intermediary rules for internet and social media companies are approved.

Since the rules would require the website to take down content deemed illegal by the government, it would require Wikipedia to show different content for different countries.

Anusha Alikhan, senior communications director for Wikimedia told Business Insider that the platform is built though languages and not geographies. Therefore, removing content from one country, while it is still visible to other country users may not work for the company’s model.

India is one of Wikipedia’s largest markets. Over 771 million Indian users accessed the site in just November 2019.

Also read: Explained: What is the Personal Data Protection Bill and why you should care

The Personal Data Protection Bill, 2019, which was introduced in Lok Sabha in the winter session last year, was referred to a Joint Parliamentary Committee (JPC) of both the Houses.

The government last month decided to seek views and suggestions on the Bill from individuals and associations and bodies concerned and the last date for submitting the comments was on Tuesday.

Prasad, while introducing the Personal Data Protection Bill, 2019, in the Lok Sabha on December 11, announced that the draft Bill empowers the government to ask companies including Facebook, Google and others for anonymised personal data and non-personal data.

There was a buzz when the Bill's latest version was introduced in the Lok Sabha, especially the provision seeking to allow the use of personal and non-personal data of users in some cases, especially when national security is involved.

Several legal experts red-flagged the issue and said the provision will give the government unaccounted access to personal data of users in the country.

In their submission to the JPC, several organisations also flagged that the power to collect non-personal and anonymised data by the government without notice and consent should not form part of the Bill because of issues regarding effective anonymisation and potential abuse.

"Clauses 35 and 36 of the Bill provide unbridled access to personal data to the Central Government by giving it powers to exempt its agencies from the application of the Bill on the basis of various broad worded grounds," SFLC.in, a New Delhi-based not-for-profit legal services organisation, commented.

The Software Alliance, also known as BSA, a trade group which includes tech giants such as Microsoft, IBM and Adobe, among others said that the current version of the privacy bill pose substantial challenges, including the sweeping new powers for the government to acquire non-personal data, restrictions on data transfers, and local storage requirements.

"We urge the Joint Parliamentary Committee, as it considers revisions to the Bill, to eliminate provisions concerning non-personal data from the Personal Data Protection Bill and to remove the data localisation requirements and restrictions on international data flows," said Venkatesh Krishnamoorthy, Country Manager-India, BSA.

The Personal Data Protection (PDP) Bill, 2019 draws its origins from the Justice B.N. Srikrishna Committee on data privacy, which produced a draft of legislation that was made public in 2018 ("the Srikrishna Bill").

The mandatory requirement for storing a mirror copy of all personal data in India as per Section 40 of the Srikrishna Bill has been done away with in the PDP Bill, 2019, meaning that companies like Facebook and Twitter would be able to store data of Indian users abroad if they so wish.

But the bill prohibits processing of sensitive personal data and critical personal data outside India.

What is more, what constitutes critical data has not been clearly defined.

As per the proposals, social media companies will have to modify their application as they are required to have a system in place by which a user can verify themselves.

So legal experts believe that some system to upload identification documents should be there and something like the Twitter blue tick mark should be there to identify verified accounts.

"The 2019 Bill introduces a new category of data fiduciaries called social media intermediaries ('SMIs'). SMIs are a subcategory of significant data fiduciaries ('SDFs') and will be notified by the Central government after due consultation with the DPA, or the Data Protection Authority. Clause 26(4) of the Bill defines SMIs as intermediaries who primarily or solely enable online interaction between two or more users," SFLC.in said.

"On a plain reading of the definition, online platforms like Facebook, Twitter, YouTube, TikTok, ShareChat and WhatsApp are likely to be notified as SMIs under the Bill," it added.

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Agencies
June 26,2020

Facebook will introduce a new notification screen on its platform that will warn users if the article they are about to share is over 90 days old, the company announced on Thursday.

“We’re starting to globally roll out a notification screen that will let people know when news articles they are about to share are more than 90 days old,” Facebook wrote in a blog post.

The social media platform had previously introduced a context button in 2018 that provides information about the sources of articles in the News Feed. Building upon that, the new feature will inform users about the timeliness of the article.

“To ensure people have the context they need to make informed decisions about what to share on Facebook, the notification screen will appear when people click the share button on articles older than 90 days, but will allow people to continue sharing if they decide an article is still relevant,” Facebook said.

The social media giant stated that timeliness is important in understanding the context of an article and curbing the spread of misinformation on the platform.

“News publishers, in particular, have expressed concerns about older stories being shared on social media as current news, which can misconstrue the state of current events. Some news publishers have already taken steps to address this on their own websites by prominently labelling older articles to prevent outdated news from being used in misleading ways,” Facebook added.

Apart from this, the platform will also be testing a similar notification screen for information related to the global Covid-19 pandemic. The notification screen will provide information about the source of the link shared in a post if the link is related to information on Covid-19. It will also direct people to its previously introduced Covid-19 information centre for “authoritative” health information, it said.

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