The Dialogue submitted its comments on the Non-personal Data Governance Framework Report by the Committee of Experts with inputs from the various stakeholder consultations.
The Dialogue argued for a voluntary data sharing model over a mandatory sharing model for competitive advantage.This data sharing framework should be based on the principles of necessity, proportionality, accountability and transparency.
Further, the concept of community data must be formulated cautiously as there seems to be significant overlap with private and public data. The role of a data trustee must be clarified along with their rights and liabilities.
Definitions of the key roles must be articulated with clarity to demarcate how a data trustee would be different from a custodian. A future regulation must flesh out how the conflicts of interest would be resolved and the oversight mechanisms must be established. Ownership, the corresponding rights over data and insights must be articulated and duties must be established to ensure accountability of authorities within the framework.
Considering the widespread overlaps with the PDP framework and other frameworks of law such as the competition and intellectual property, it would be effective to mandate MoUs between regulators and pre-empt the clashes.
A soft touch regulatory approach can be adopted to ensure that a robust market driven approach, to prevent unnecessary disputes that could arise due to widespread jurisdictional issues.
The submission also recommends a framework for anonymisation standards which recommends a privacy by design principle for anonymised data sets and valid consent norms.
Read the full report here: https://thedialogue.co/wp-content/uploads/2020/09/NPD-Submission-_-The-Dialogue.pdf
