There is a need for differential regulation. Take example of children's data. Delhi has implemented FRT is dozens of schools. This is collection of children's data. What consent if taken? Is it taken from parents? Do they have an option to say no? #PrivacyNama2021
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Studies show children as young as 1 1/2 years modify their behavior if being watched.If they are going to be monitored in a place they learn, it affects the growth, development of these individuals.More than privacy at stake. #PrivacyNama2021
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The way PDP Bill is currently structured there are wide ways in which govt can grant themselves exemption. I'd like to see legislation that tell how data is being collected and what is happening with it. Something to hold govt accountable with. #PrivacyNama2021
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I feel we need more optimistic solutions from the private sector side. Regulation should make a market out of privacy. Make privacy a parameter that private companies compete on. #PrivacyNama2021
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We have Puttaswamy judgment but we see blatant violations of that law across the board. There is no system to hold the state accountable. There is no will or power for stakeholders to address it. - #PrivacyNama2021
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LIVE 🔴 | Our second panel is on Impact of privacy legislation on the openness of the Internet, in partnership with CyberBRICS. We’d like to thank Luca Beli and CyberBRICS for their support in putting this session together. #PrivacyNama2021
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Chair: Vrinda Bhandari (Lawyer-Researcher). Speakers: Alexa Lee (Sr Manager, ), Alison Gillwald (Executive Director, ), Dr. Andrew Rens (), Luca Belli (Head, ), Udbhav Tiwari (Public Policy Advisor, ) #PrivacyNama2021
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Watch session 2 on Impact of privacy legislation on the openness of the Internet live: youtu.be/k2Y9Y2KOdIk #PrivacyNama2021
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We have had the data protection law for several years now. It took a decade for this law to take effect. It was because of lobbying and influence of the private sector as it was onerous for them to comply with it. #PrivacyNama2021
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South Africa has enjoyed more data protection than other parts of the continent. We are working with the African Union on a data policy framework that will be going to member states for acceptance in a meeting next week. #PrivacyNama2021
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The important part about the policy framework is its strong rights-preserving framework. The framework redresses the uneven distribution of opportunities and harms in this environment. #PrivacyNama2021
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We have to take one step at a time. There are countries which are notoriously conservative about these things drawing from Universal Declaration of Rights and do not want to be held on to it. We did manage to do that. #PrivacyNama2021
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It is timely to have this discussion. It is a very different experience from what you have in Europe. Europe has a data protection culture of 50 years. They have been learning for 50 years and they still have not perfected it. #PrivacyNama2021
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Brazil has been dragging its feet for two years. It has postponed the creation of agency. It had the law on paper. It is very difficult consensus on a strong solid law. It is very difficult to create an authority. It may become in two years. #PrivacyNama2021
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If you want to regulate, you have to invest a lot of money in implementation. It is essential to have a well-resourced regulator. Financial resources are important but intellectual resources such as lawyers are also important. #PrivacyNama2021
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One big news in August was that China finally passed #PIPL. It is a milestone in Chinese year-long effort to build a comprehensive privacy and data governance regime. It could become a major force in global privacy landscape. #PrivacyNama2021
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The law's focus is on protecting individual society and national security of China's unique political system. The #PIPL is a significant step for Chinese government and tries to balance data protection and technological advancement. #PrivacyNama2021
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China wants to respond to public concerns about online fraud and misuse of public information. The Chinese law shows a lot of similarities with #GDPR. The definition of personal information and individual rights are akin to the definitions in #GDPR #PrivacyNama2021
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#PIPL will allow the government to establish a black list of overseas data comptrollers and processors from processing Chinese data if they threaten national security. Enforcement will be a challenge. #PrivacyNama2021
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The Chinese government is interested in an international agreement in data transfer. It remains unclear whether Chinese regulators are facilitating interoperability between Chinese privacy laws and other jurisdictions. #PrivacyNama2021
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There have been some concerning reports about India's data protection bill in the past 1 month. It has been focused on pure play data protection and privacy but seems to be including intermediary liability. #PrivacyNama2021
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The initial trends about India's data protection law are pretty worrying. The broader idea of digital sovereignty is being used as a fig leaf to include provisions that may not be necessarily of Indian residents. #PrivacyNama2021
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Localisation provisions may be harsher. The powers for regulators to implement those localisation provisions will be widespread. I would like to advise the government to rethink its approach #PrivacyNama2021
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The role of state in data protection and the current provisions allow government too much leeway. One of the parts of the bill which as gotten consistently worse since 2018. The consequences will exceed concerns like national security. #PrivacyNama2021
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I think what is useful from the Latin American perspective and the distinction between privacy and data protection. The distinction in Latin American and European laws is very clearcut in definitions. #PrivacyNama2021
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Data protection is about protecting privacy and wide range of other interests which also includes freedom of speech and expression. The free flow of data is asymmetric. Data protection is used to data sovereignty.
#PrivacyNama2021
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We have to strike this distinction between data protection and privacy. There is a tension between free flow of data and its protection #PrivacyNama2021
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I am a little concerned about the long-term trajectory because push for data sovereignty brings information under government control more in case of China. It could complicate privacy and freedom of speech. #PrivacyNama2021
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The value of data comes from how it is being used and not where it is being used. It is not surprising that countries like Russia and China are the most significant users of data localisation. It does not drive economic value. #PrivacyNama2021
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Data sovereignty and localisation are separated conceptually in African Union approach. I hope South African approach will respond to critiques. There was a lot of support for open data #PrivacyNama2021
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The argument which is most likely to have traction in Africa is that it will drive innovation. We have heard that data is the new oil. Like oil, you need to refine it and make plastic. It is no use sitting on its own. #PrivacyNama2021
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The worry is that data localisation will hammer us in our silos. It depends on global political economy. The real question is will the US create a data regime that protects personal privacy and put its political power. #PrivacyNama2021
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I think US is failing to provide an attractive alternative. The barrier for EU compliance is very high. Maybe the EU provides an attractive alternative. There will be EU, American internet and other blocs will follow. #PrivacyNama2021