Policymakers must engage more with technology firms
provide solutions as to how they will better protect citizen’s data and how legal regimes regarding privacy impact their product decisions.
The parliamentary committee on IT started an inquiry into the issue of citizen privacy and data security after the Cambridge Analytica revelations. So far, it has yet to summon technology company executives or call for participation by representatives of citizen groups or academic experts on the subject of citizen privacy and data security, despite numerous hearings with different ministerial representatives. Our policymakers must be alive to the danger of not engaging with citizen groups or holding technology companies to account for issues that impact our fundamental rights; this weakens trust in our institutions, fails to shape better government policy, and can result in weaker outcomes for the nation and our internet as a whole.
A final outcome of the deliberations on this important topic is also key to ensuring that legislations remain relevant in how they seek to protect privacy, rather than being overtaken by developments pushed by the executive and judicial branches of government.
The topic of targeted disinformation and how to ensure free expression while helping support healthier democratic discourse is a top concern, especially for India in this election year. As discussions in online disinformation and propaganda-related hearings before other parliaments has shown, it is better when such inquiries seek to robustly collect data on the current problems and how different actors are seeking to respond to them. Less data driven processes have instead resulted in overboard laws such as Malaysia’s Anti Fake News Act -- which was used to target political opponents and is now being sought to be repealed.
Platforms must also face more public inquiries and democratic discussion on how their content moderation policies and terms of service impact speech. In doing so, we must also recognise the impact that increased, targeted online harassment has on those whose voices are otherwise restricted elsewhere.
Data has already shown how women and individuals from Scheduled Caste communities face significant harassment and abuse, and the need for online platforms to provide better spaces for them and institutionalise our own Constitution’s spirit and fundamental rights, as crafted by BR Ambedkar and our Constituent Assembly.
Parliament was established to ensure that deliberative, inclusive processes can safeguard our constitution and the rights of all of our citizens.
Whenitrushesthroughanissue indays,asitdidwiththeadditionof Section 66A in the 2008 amendmentstoindia’sinformationtechnologyact,itcanleavealegacythat takesmanyyearstofix.