But if you want to learn more, feel free to contact us anytime. Access to data, both personal and non-personal, for safeguarding national security is common in legislation across the world (Scott, 2019). The Ministry of Commerce and Industry is better suited to address these issues. Copyright © 2020 MediaNama. Yet the US lacks one overriding law about PII, so your understanding of PII may differ depending on your particular situation. What Is The Impact of Unauthorized Disclosure of Sensitive Data? As trade becomes increasingly data-driven and intermediated through digital processes, this objective will also no doubt apply when considering the policy position on trade-related NPD. In the absence of any legal provisions, the Government may rely on the IT Act to obtain access to NPD from relevant entities. Examples of Non-human NPD could include statistical concepts (such as the GDP or weather data), data on climatic conditions, supply chain data, data from industrial machines, aggregated e … Where rules on PII and personal data apply, Staying up to date on data privacy regulations, National Institute of Standards and Technology (NIST), The ultimate guide to data anonymization in analytics [updated], Anonymous tracking: how to do useful analytics without personal data, Health Insurance and Portability Act (HIPAA), Children’s Online Privacy Protection Act (COPPA), How data flows in the analytics ecosystem, Piwik PRO Analytics Suite 15.1. Retrieved from A network effect “refers to the effect that one user of a good or service has on the value of that product to other existing or potential users”. The agreements negotiated by the World Trade Organization (WTO) in particular could have a large impact in this area. Other examples of non-personal data include, but are not limited to: Generalized data, e.i. Draft Guidelines on e-commerce for consumer protection. (2019, August 2). Presently, the flow of such Non-Personal Data (NPD) is not regulated in India. And the definition of personal data covers various pieces of information such as: Basically, it’s any information relating to an individual or identifiable person, directly or indirectly. age range e.g. They all define and classify different pieces of information under the PII umbrella. [1] A version of this research and analysis has been shared with MeitY. European Commission. Several existing laws give power to state authorities to summon documentation, direct the furnishing of data and access computer resources held by others.[4]. Doxing: The means by which a person’s true identity is intentionally exposed online. New attribution models and custom channel grouping. age range e.g. Only if a processing of data concerns personal data, the General Data Protection Regulation applies. Digital Competition Expert Panel. Transforms technical jargon into engaging and informative articles. As identified, any future framework for the governance of NPD must consider the objectives of the competition, trade, national security and privacy. However, in the era of big data, data analytics with machine learning create difficulty in ascertaining whether data are personal or non-personal. (iv) The DPA could consider limitations such as requiring sharing of human NPD under contract in certain sectors so that data fiduciaries retain sufficient control on how it is used. Examples that fall under this category are non-adherence to the core principles of processing personal data, infringement of the rights of data subjects and the transfer of personal data to third countries or international organizations that do not ensure an adequate level of data protection. In this blog, we identify the policy objectives that should guide the policy stance in India on the governance of NPD. Marriott International. Committee of the Experts under the chairmanship of Justice Srikrishna. These regimes should address these concerns, if necessary or appropriate. Constitution of a Committee of Experts to deliberate on Data Governance Framework. 30-40 instead of 30), Aggregated statistics on the use of product / service, Generalized data, e.i. You’re reading it here first: Drone operators will have to store footage captured by their drones, which will be open to scrutiny by the Indian... Public and private schools in New York state cannot use facial recognition systems at their premises for at least a year and a half,... You are reading it here first: The Directorate General of Civil Aviation (DGCA) has revealed the names of the members in India’s Drone Directorate — a... Facebook is set to make its users in United Kingdom (UK) sign user agreements with its parent company in the United States (US), in... MediaNama is the premier source of information and analysis on Technology Policy in India. Accordingly. 2 In contrast with this binary legal perspective, reality operates on a spectrum between data that is clearly personal, data that is clearly anonymous and anything in between. You might think that someone’s name is as clear an example of personal data as it gets; it is literally what defines you as you.. You're processing personal data to the benefit of your company or others in a way that your users would reasonably expect, with minimal risk and impact on individuals (legitimate interests). The differences between the two are also becoming less distinct. A 32-year old employee of UK-based payroll company Sage deliberately committed data theft … We interpret the term Non-Personal Data (NPD) to include all kinds of data except Personal Data. We’ll refer to this group as EU residents, for short. The principles of data protection should therefore not apply to anonymous information, namely information which does not relate to an identified or identifiable natural person or to personal data rendered anonymous in such a manner that the data subject is not or no longer identifiable. It raises serious privacy concerns like personal data breaches and illegal use of personal data. Privacy considerations arise where natural persons are identified through the processing of NPD or re-identified when anonymised NPD is de-anonymised. [3] Earlier this year, the UK Treasury released the report of its expert panel on competition in the digital economy (Digital Competition Expert Panel, 2019), followed by the European Commission’s report on competition issues (European Commission, 2019) and UNCTAD’s report on these issues (UNCTAD, 2019). Government of India. Your email address will not be published. It could monitor technological developments and commercial practices that may affect personal data protection review and anonymisation methods as required. 4. As we’ll see, this is in contrast to the definition of personal data, which treats such digital tackers as information that could identify an individual. “Non-personal data often constitutes protected trade secrets and often raises significant privacy concerns. the relevant laws, ministries and regulators in India will be tasked with the policy approach on NPD, as opposed to MeitY or the future DPA (as currently envisioned) who would have a more limited role. (MEITy, 2018) (Article 29 Data Protection Working Party, 2014) (United Kingdom Information Commissioner’s Office, 2012). Examples of Non-human NPD could include statistical concepts (such as the GDP or weather data), data on climatic conditions, supply chain data, data from industrial machines, aggregated e-commerce sales data etc. PII is used in the US but no single legal document defines it. Rather, it requires a case-by-case assessment of the specific risk that an individual can be identified”. Developed By PixelVJ. The following are illustrative examples of private data. Personal Information (SPI) Examples of NPI Financial, credit, and medical data Home address and telephone numbers (including home web addresses) Social Security Number Birth date Mother's maiden name; other names used Family data Religion, race, national origin Performance ratings Account Numbers Importance of Protecting NPI (ii) The DPA could support the development of rigorous risk analysis techniques for use by data fiduciaries to estimate the risk of reidentification before anonymising data or before sharing it with a third party.[5]. For example, Netflix uses personal data to recommend films and TV programmes that it thinks you’re likely to enjoy, and Amazon uses your shopping history to suggest similar products you might be interested in. Additionally, the definition of processing is exactly the same as defined under the GDPR, which is extrem… The DPA should, therefore, be the regulator human non-personal data and mixed data in this context. The availability of data for regulatory control: public authorities will retain access to data, also when it is located in another Member State or when it is stored or proces… Identifiability of a natural person appears to be core to the definition of Personal Data. By definition, it makes it profitable to serve more consumers instead of few (OECD, 2002) as average costs exhibit a declining trend. Basel: European Commission. This can include a company’s knowledge of IT problems and solutions based on individual incident reports, or a research institution’s anonymised statistical data together with the raw data initially collected (such as replies of individual respondents to survey questionnaires). But why is all that so important? (ii) Trade-related issues relating to NPD pertain to matters which require serious consideration of domestic and foreign trade policies which are governed under international frameworks like GATT, GATS and the WTO. Conclusion: Is there a case for mandating free access to Non-Personal Data? [1] We also examine whether these policy objectives fall under the purview of existing regulatory authorities in India, or a future Data Protection Authority (DPA). Below you will find boring 88 pages long official text of the regulation: Regulation (EU) 2016/679 of the European Parliament 4 (1). Under the GDPR you can consider cookies as personal data because according to. 6.68 In Issues Paper 31, Review of Privacy (IP 31), the ALRC asked whether the Privacy Act, like the National Statement, should include definitions of terms such as ‘re-identifiable’ and ‘non-identifiable’ and whether a distinction should be drawn between identifiable personal information and re-identifiable personal information. Opinion 05/2014 on Anonymisation Techniques. Free and Fair Digital Economy. Personal data or non-personal data, that is the question! In mixed datasets personal data and NPD are inextricably linked, therefore it appears that personal data protection laws should apply to these sets (European Commission, 2019). Exclusive: Upcoming policy to require storing of drone footage which will be open to government scrutiny, Credit card delinquencies on the rise despite rebound in inquiries, says CIBIL, RBI warns customers about predatory digital lending apps, SEC sues crypto firm Ripple over $1.38 billion unregistered securities sale, Microsoft, Google throw weight behind Facebook in legal fight against NSO Group, By Anubhutie Singh, Malavika Raghavan, Beni Chugh & Srikara Prasad. Developing legal literature suggests that data protection obligations will be applicable when the mixed data can be used to directly or indirectly identify a data principal (Patrick Breyer v Bundesrepublik Deutschland, 2016). An experienced copywriter who takes complex topics of data privacy & GDPR and makes them understandable for all. Community data (assuming it does not contain personally identifiable information) and Anonymised data would be human NPD which would need to be governed taking into account all four considerations above relating to competition, trade & commerce, national security and privacy (re-identification risks). As a result, determining who PII applies to and how is quite difficult. Non-PII data is usually collected by businesses to track and understand the digital behavior of their consumers. Unlocking Digital Competition: Report of the Digital Competition Expert Panel. Ltd. commute patterns, frequencies and loads on public transport systems. Should Amazon, Flipkart Show Country Of Origin Of Products? Any overarching policy framework for NPD data flows will need to take account of all these existing regimes that already govern access to such information for national security purposes. The broad definitions of PII and personal data are evolving to cover more and more kinds of data. By using “natural person,” the GDPR is saying data about companies, which are sometimes considered “legal persons,” are not personal data. Are also becoming less distinct to handle such data with the variety of data are personal or.! Of the digital behavior of their consumers 27 ) the number of datasets which is accessible to an identified identifiable! Might enable you to identify individuals, so you need to handle such data, September )! Guide any policy on the use of personal data, e.i is quite difficult for each individual... The General data protection Regulation applies all kinds of information under the ’. 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