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1. The draft digital data protection rules will advance authoritarianism
1. Historical Context
- The K.S. Puttaswamy judgment (2017) reaffirmed privacy as a fundamental right.
- Six years later, promises of the judgment remain unfulfilled, with Aadhaar-linked exclusions highlighting the challenges in digital governance.
2. Executive Overreach
- The draft rules grant excessive discretionary powers to the government, consolidating control rather than promoting transparency.
- Provisions like “as may be prescribed” allow vague interpretations, enabling misuse.
3. Lack of Transparency
- The draft rules were published as a gazette notification in a non-accessible format.
- Public consultation is restricted to the MyGov platform, excluding broader participation.
- Submissions are treated as fiduciary, limiting public scrutiny and counter-comments.
4. Vagueness in Key Provisions
- Consent notices lack clear definitions for terms like “plain language,” creating ambiguities.
- Data disclosure rules do not specify if they apply to data categories (e.g., health) or data points (e.g., account numbers).
- No timeline is specified for notifying individuals about data breaches, increasing risks in critical situations.
5. Weak Oversight Mechanisms
- The Data Protection Board (DPB) lacks independence, as its members are appointed by a government-controlled committee.
- The DPB’s limited authority undermines its ability to hold government entities accountable.
- Exemptions, such as for government subsidies (Rule 5), dilute individual rights further.
6. Overarching State Control
- Rule 22 allows the government to requisition information without adequate safeguards, raising concerns about privacy violations.
- The draft rules perpetuate a pattern of governance that prioritizes state control over individual rights.
7. Policy Implications
- The rules are characterized as a digital leash, promoting authoritarianism by centralizing power within the executive.
- The lack of independent oversight and vague provisions erodes public trust and undermines democratic accountability.
8. Broader Critique
- The draft rules fail to uphold the constitutional objectives of protecting individual rights and privacy.
- Governance characterized by vagueness and overreach risks undermining India’s democratic foundations.
Conclusion
The draft rules reflect a governance model prioritizing state control over privacy, highlighting the need for substantial revisions to ensure a rights-based digital framework.
2. India’s Data Protection Rules need some fine tuning
1. Context and Overview
- Draft Release: The Draft Digital Personal Data Protection (DPDP) Rules were released by MeitY on January 3, 2025.
- Objective: Operationalize the DPDP Act, 2023, focusing on safeguarding personal data.
- Approach: A less prescriptive, principles-based framework, contrasting with the restrictive earlier Personal Data Protection Bill.
2. Positive Aspects of the Draft Rules
- Principles-Based Framework:
- Focuses on simplicity and clarity, avoiding the complexities of the GDPR.
- Reduces “consent fatigue” by eliminating unnecessary details.
- Emphasizes outcomes over rigid processes.
- Business Autonomy:
- Avoids dictating app or website design, respecting innovation and flexibility.
- Allows businesses to publish relevant information without prescriptive mandates.
- Child Data Protection:
- Stricter protections for children’s data with exemptions for specific sectors.
- Tailored rules for education, healthcare, and child-care sectors to enable beneficial monitoring while adhering to guardrails.
3. Areas of Concern
- Data Localisation and Cross-Border Data Transfers:
- Potential localisation mandates for Significant Data Fiduciaries (SDFs) create complexities.
- Differentiation between SDFs and smaller entities risks regulatory arbitrage.
- Challenges for law enforcement in accessing cross-border data need a sector-specific approach.
- Ambiguities in Data Access and Processing:
- Lack of clarity on handling excessive or unfounded user data requests.
- No provisions for charging fees for repetitive or unwarranted requests.
- Risks of government access to sensitive business data, including trade secrets, remain unaddressed.
4. Broader Policy Implications
- Economic Competitiveness:
- Overly restrictive data localisation mandates may deter investment and push businesses out of India.
- Lessons from RBI’s 2018 payment data localisation could guide proportionate regulation.
- Privacy Frameworks Beyond Consent:
- Over-reliance on notice-and-consent mechanisms is inadequate in dynamic environments like IoT and AI-driven ecosystems.
- Future laws must focus on alternative safeguards to protect citizens’ privacy effectively.
5. Recommendations and Way Forward
- Refinement through Consultation:
- Retain flexibility while addressing ambiguities in provisions.
- Tailor localisation and data processing rules to industry-specific needs.
- Balanced Approach:
- Ensure a harmony between innovation, economic growth, and individual rights.
- Learn from global experiences to avoid the pitfalls of over-regulation or lax enforcement.
6. Strategic Importance
- Data protection is essential not only for regulatory compliance but also for preserving business reputation and ensuring operational continuity.
- A balanced framework will help India become a leader in pragmatic, rights-oriented digital governance.
3. Centralising control: On the Draft UGC Regulations, 2025
1. Context and Background
- The Draft UGC Regulations, 2025 outline qualifications and processes for appointing and promoting teachers and academic staff in higher education institutions.
- The regulations seek to centralize control over universities, particularly in appointing Vice Chancellors (VCs).
2. Key Provisions of the Draft
- Chancellor’s Authority:
- Proposes vesting sole authority for constituting the VC search-cum-selection committee in the Chancellor (Governor in most State universities).
- Removes the role of State governments in the VC appointment process.
- Search Committee Composition:
- Members include nominees from the Chancellor, UGC Chairman, and the university syndicate/senate.
- Chancellor to select the VC from 3–5 names recommended by the committee.
- Sanctions for Violations:
- Non-compliance could lead to debarment from UGC schemes and denial of funding.
3. Federal Concerns and Opposition
- Violation of Federal Principles:
- Education is a Concurrent List subject, requiring cooperation between the Centre and States.
- States like Tamil Nadu and Kerala oppose the draft, citing threats to constitutional federalism.
- Tamil Nadu passed a House resolution calling for the withdrawal of the draft.
- Political Overreach:
- Concerns over centralizing power through gubernatorial proxies, potentially undermining State autonomy.
4. Criticism of Provisions
- Non-Academics as VCs:
- Allows non-academics with 10+ years in senior roles (industry, public administration, etc.) to qualify as VCs.
- Critics fear political appointments, particularly of Sangh Parivar loyalists.
- However, notable non-academics like K.R. Narayanan and Y. Nayudamma demonstrate potential benefits.
- Impact on Autonomy:
- Provisions could undermine institutional independence and academic freedom.
5. Positive Aspects
- Tenure Extension:
- Proposal to extend VC tenure from 3 to 5 years aims to provide continuity in leadership.
- Academic Standards:
- Focus on maintaining standards in higher education through streamlined processes.
6. Recommendations
- Revising Anti-Federal Provisions:
- Remove clauses that undermine State involvement in higher education.
- Ensure a collaborative approach between the Centre and States.
- Autonomy for Universities:
- Minimize governmental roles in university administration, focusing solely on funding.
- Empower institutions to function as independent centers of excellence.
7. Broader Implications
- Impact on Education Policy:
- Centralized control risks disrupting the federal structure and diversity in education.
- Reforms for Excellence:
- Long-term reforms should prioritize academic autonomy and innovation in governance to elevate Indian universities globally.
4. The reforms needed in the MEA
Key Takeaways: Reforms in the Ministry of External Affairs (MEA)
1. Context and Challenges
India’s growing global stature requires a Ministry of External Affairs (MEA) that can support its ambitions effectively.
Despite achievements in areas like vaccine diplomacy, G20 leadership, and strategic autonomy, the MEA faces structural and operational challenges.
2. Key Issues
a. Inadequate Staffing
The MEA has 850 Indian Foreign Service (IFS) officers for 193 embassies and consulates.
Comparatively, the U.S. has 14,500, the U.K. 4,600, and Russia 4,500 foreign service officers.
With the current intake of 32–35 officers annually, achieving an optimal workforce (1,500) would take decades.
b. Fragmented Structure
Territorial divisions are overly fragmented, leading to inefficiencies.
Example: India’s neighborhood policy is split among four divisions (PAI, BM, Northern, and IOR).
Misalignments like Türkiye being managed under Central Europe and Iran under PAI further complicate coordination.
c. Challenges in Domestic Postings
Officers in Delhi face inadequate housing, limited financial incentives, and fewer administrative resources compared to their foreign counterparts.
This disparity makes domestic postings less attractive.
d. Lack of Specialization
Language training often loses relevance due to mismatched postings.
Emerging fields like cybersecurity, space policy, and AI require dedicated domain specialists, which are currently lacking.
3. Recommendations
a. Increase Staffing Levels
Accelerate recruitment by:
- Lateral hiring from other government services and defense personnel.
- Engaging domain experts and consultants for specialized roles.
Introduce stringent selection processes and probation periods for lateral hires.
b. Restructure Divisions
Consolidate territorial divisions to reduce fragmentation and improve efficiency.
Realign mismanaged responsibilities (e.g., Türkiye and Iran) under appropriate divisions.
c. Enhance Support for Domestic Officers
Improve housing, medical facilities, and educational support for families of Delhi-based officers.
Introduce financial incentives for domestic postings to boost morale.
d. Strengthen Specialization
Ensure that language-trained officers are posted in relevant embassies.
Encourage officers to specialize in areas like economics, cybersecurity, and international law as they progress.
e. Leverage Technology
Build technical expertise in AI, space policy, and cybersecurity through dedicated hires or training programs.
4. Recent Progress
Establishment of divisions like Policy, Planning and Research and the Centre for Contemporary China Studies shows adaptability.
Dynamic leadership under Dr. S. Jaishankar has aligned foreign policy with India’s aspirations for a developed status by 2047.
5. Conclusion
As India approaches its centenary of independence, the MEA must evolve to meet the demands of its global ambitions.
Reforms in staffing, structure, and specialization are critical for maintaining India’s trajectory as a leading global power.
Disclaimer:
This analysis is based on the editorial content published in The Hindu and is intended solely for informational and educational purposes. The views, opinions, and interpretations expressed herein are those of the author of original article. Readers are encouraged to refer to the original article for complete context and to exercise their own judgment while interpreting the analysis. The analysis does not constitute professional advice or endorsement of any political, economic, or social perspective.
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