• UGI USER
  • Oct 05, 2023
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Q. The recent draft National Data Governance Framework Policy (“NDGFP”) aims to transform and modernize government data collection and management processes in India. Discuss.

 

Approach

  • Giving a brief introduction about the draft National Data Governance Framework Policy (“NDGFP”), and discuss the need for NDGFP in India.
  • Discuss how the NDGFP aims to transport and modernize data collection and management.
  • Mention the challenges associated with it.
  • Conclude accordingly. 

Answer

The Ministry of Electronics and Information Technology has recently published the draft National Data Governance Framework Policy (NDGFP). It will focus on improving the institutional framework for government data sharing, promoting principles around privacy and security by design, encouraging the use of anonymization tools and ensuring equitable access to non-personal data for both public and private sectors.

The NDGFP is aimed at transforming and modernizing the government data collection and management processes in India in the following ways: 

  • Creation of the India Data Management Office (IDMO): The IDMO would be responsible for developing rules, standards, and guidelines relating to data/datasets/metadata. This would help in creating adequate safeguards as per emerging technological requirements.
  • Creation of India Datasets Platform: The IMDO would be tasked with the responsibility of designing and manage the platform, which will provide access to non-personal data and anonymized data to Indian/India-based researchers and start-ups on request.
  • Participation of private entities: The NDGFP encourages private entities to create and share non-personal data and anonymized data to contribute to the India datasets program. Since private entities collect and store a colossal amount of personal data, it could maximize the benefits of the repository created and spur greater innovation.
  • Capacity building of government bodies: It has provisions for providing assistance to every Ministry/department in setting up Data Management Units (DMUs) and building the skills of officers to enhance their data/digital literacy, knowledge and awareness.

Challenges associated with the NDGFP include:

  • Interpretation of appropriateness of use-case or its denial: The right to decide whether the requesting entities may be allowed access to the database or not lies with the IDMO. However, such interpretations tend to be very subjective and challenging.
  • Usage rights: Although the data usage rights remain with the data principal, greater clarity is required regarding whether the data principal referred to in this aspect is the IPR-holder of the dataset(s) or the entity sharing the dataset(s).
  • Also, the Kris Gopalakrishnan Committee (2020) had observed that for non-personal data, the individual ownership approach cannot be followed as there are no identifiable data principles.
  • User charges: Monetizing access to the India datasets repository would be contrary to its intended use as a public platform to catalyze India’s research and start-up ecosystem.
  • Mutual exclusion of personal and non-personal data is difficult: Such data, even if anonymized, bears a risk of re-identification which can lead to various security and privacy concerns.

A modern framework for data governance will be an enabler of India’s digital economy. However, the government should ensure a fair data market for all and stronger regulations to prevent misuse of non-personal data and market failures.