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<ul><li>India’s draft of the <keyword id="2617070" type="PERSON" weightage="20" keywordseo="Personal-Data-Protection-Bill">Personal Data Protection Bill</keyword> 2019 allows the government to have unfettered access to citizen data in the name of ‘national security’. </li><li>Russia’s successful test of its own internet enforces a similar ‘sovereign internet’ law allowing for content to be blocked in an ‘emergency situation’. </li><li>India is already following in China’s footsteps with data localisation. </li></ul>Many Asian countries are moving to limit the many unlimited freedoms that Internet offers. The latest to join the list is Russia which just completed the first successful test of its own internet. And China already has the Great Firewall. India, on the other hand, is best known for <a href="https://www.businessinsider.in/tech/news/caa-internet-shutdowns-make-india-example-for-china/articleshow/72931761.cms">shutting down the internet all together</a> in any situation it deems to be a ‘public emergency’. <div type="image" title="internet_edited" msid="72990281" hostid="261" caption="&amp;lt;p&amp;gt;Citizens of Kashmir protest the internet shutdown in the region&amp;lt;/p&amp;gt;"></div>

 India, which already has the dubious distinction of being called the ‘<a href="https://www.businessinsider.in/india-accounted-for-most-number-of-intentional-internet-shutdowns-in-south-asia-2017-18-unesco/articleshow/64189016.cms">internet shutdown capital of the world</a>’, is looking to introduce stringent laws. A new draft of the Personal Data Protection Bill speaks of more restrictions and surveillance. While the government claims that the goal of the bill is to emulate Europe’s General Data Protection Regulation (<a href="https://www.businessinsider.in/heres-what-india-needs-to-know-about-gdpr/articleshow/64320255.cms">GDPR</a>), one key different puts it more along the footsteps of China and Russia’s data laws — the fact that the government can have unfettered access to citizen data for ‘national security’. <div type="Article" hostid="261" msid="68389336" title="Here’s what global tech CEOs have to say about India's data protection laws" mstype="2" mssubtype="0"></div>

 The first steps towards mass surveillance A day before Christmas, the Russian’s Ministry of Communications announced that the country has successfully unplugged the internet according to a <a href="https://www.bbc.com/news/technology-50902496">BBC</a> report. It marks the implementation of Russia’s ‘sovereign internet’ law, which allows the government to block content in an ‘emergency situation’. <a href="https://www.hrw.org/news/2019/10/31/russia-new-law-expands-government-control-online#">Experts</a>’ main critique of the law is that it’s the first step towards dismantling the internet. The definition of an ‘emergency situation’ is vague but the government insists that the main purpose is to prevent cyberattacks. <a href="https://www.cpomagazine.com/data-protection/new-india-data-protection-bill-may-give-government-unlimited-access-to-citizen-data/">Critics</a> in India find similar faults with the Personal Data Protection Bill. Though the government won’t have the power to remove online content, it will be able to track and monitor accounts that it <a href="https://www.businessinsider.in/business/news/iamai-flags-ambiguities-in-draft-data-protection-bill-seeks-clarity-on-classification-consent/articleshow/72282044.cms">deems to be a ‘threat’</a> — essentially creating a backdoor that can be opened at any time without having to lift a finger. Another way to think about it that the new data privacy laws will apply to everyone, <a href="https://www.businessinsider.in/business/news/centres-exemption-powers-in-draft-data-protection-bill-stir-up-industry-worries/articleshow/72461296.cms">except for the government</a>. The trend of data protection through localisation India is already following in China’s footsteps with its data localisation laws, according to a report by the Eurasia Group and Vontobel. They say it’s partly a way to protect domestic technology companies from foreign competition. And while that may be true, multiple studies show that India companies don’t have the adequate cybersecurity infrastructure in place to protect against data theft. Forcepoint finds that 69% of Indian organisations are at risk of being breached and nearly half of them have encountered a data breach in the past. <div type="Article" hostid="261" msid="69768390" title="Apple, Amazon, and Microsoft want one more shot at convincing India before data protection bill reaches Parliament" mstype="2" mssubtype="0"></div>

 The level of a vulnerability is worryingly high when one takes into considering that the country has already made data localisation mandatory for financial transactions of its citizens. As experts point out, <a href="https://www.businessinsider.in/tech/news/data-localisation-wont-help-local-firms-or-improve-privacy-but-it-could-cost-india-43-billion/articleshow/72251167.cms">data localisation may keep the data from foreign firms</a> — but it also creates a single point of attack. It won’t be cheap either. According to a report by ICRIER and IAMAI, the restrictions would hamper cross-border data flows costing India up to $43 billion in trade. The lingering question The Personal Data Protection Bill 2019 is still under discussion leaving the possibility open for the proposed laws to be changed before they’re official. "Effective data privacy and personal information protection are critical pillars for driving consumer trust in the rapidly growing digital economy," said the country manager for BSA India, Venkatesh Krishnamoorthy. And he rightly points out, maintaining trust is critical as cybersecurity threats are only set to increase in 2020 as technology continues to evolve and legislation struggles to keep up. The combination of data localisation and tracking of users online activity makes a for a dangerous mixture that could have India becoming the next country to splinter the internet along with China, Iran, Russia and Saudi Arabia. See also: <a href="https://www.businessinsider.in/policy/news/indias-new-data-protection-is-in-the-works-and-companies-will-only-have-to-pay-2-million-for-violations/articleshow/72381112.cms">India's new data protection law is in the works and companies will only have to pay $2 million for violations</a> <a href="https://www.businessinsider.in/groups-of-foreign-companies-are-lobbying-against-indias-personal-data-protection-bill/articleshow/66070718.cms">Groups of foreign companies are lobbying against India's Personal Data Protection Bill</a> <a href="https://www.businessinsider.in/tech/news/data-localisation-wont-help-local-firms-or-improve-privacy-but-it-could-cost-india-43-billion/articleshow/72251167.cms">Data localisation won't help 'local' firms or improve privacy — but it could cost India $43 billion</a>

Indian data laws have an uncanny resemblance to Russia’s 'new' internet and China’s 'Great Firewall'

<ul><li>Being compliant with the European Union’s General Data Protection Regulations (<keyword id="2556126" type="PERSON" weightage="20" keywordseo="GDPR">GDPR</keyword>) won’t necessarily mean that companies are compliant with India’s upcoming <keyword id="431014" type="ORGANIZATION" weightage="20" keywordseo="Personal-Data-Protection">Personal Data Protection</keyword> Bill (PDP).</li><li>The scope of the PDP is broader and will require companies to make changes to their data management policies in order to operate in India.</li><li>Once PDP comes into effect, GDPR compliant companies may only have to make a few changes but new laws will be a sea-change for companies who were only compliant to the existing Indian data protection laws.</li></ul>India is ready to take a stab at formulating its first laws to govern data and it is using the European Union’s General Data Protection Regulations (GDPR) as the template. And, for companies operating in India, this could end up being a stick in the mud. While GDPR and India’s <keyword id="458689" type="PERSON" weightage="20" keywordseo="personal-data">Personal Data</keyword> Protection Bill (PDP) are similar in many ways, the differences between them mean that a company which is compliant in Europe may not necessarily be compliant under the PDP. “The PDP scope of application is broader than that of the GDPR as an entity will fall within scope merely by processing personal data in India when compared to that of GDPR,” Neeraj Dubey, a partner of corporate law at Singh &amp; Associates told Business Insider. <div type="Article" hostid="261" msid="81422687" title="India’s new data protection bill makes a good show of user rights — but can it deliver on its promises?" mstype="2" mssubtype="0"></div> A broader definition of <keyword id="8418566" type="UNKNOWN" weightage="20" keywordseo="sensitive-personal-data">sensitive personal data</keyword> Unlike the GDPR, the PDP has divided data into three categories — personal data, sensitive personal data, and <keyword id="10928418" type="UNKNOWN" weightage="20" keywordseo="critical-personal-data">critical personal data</keyword>. The latter is particularly important since there is no parallel for it in Europe’s laws and it comes with its own unique set of terms and conditions, like being obligated to data localisation. Moreover, India has thrown a wider net over what constitutes sensitive personal data as compared to the GDPR. A company may have to comply even if it merely processes personal data in India, and doesn’t collect the data locally, according to law firm <a href="https://www.privacysecurityacademy.com/wp-content/uploads/2020/05/Comparison-Chart-GDPR-vs.-India-PDPB-2019-Jan.-16-2020.pdf">Covington and Burling.</a> For instance, financial data has been categorised under sensitive personal data. “This is an area of concern as processing of sensitive personal data involves greater compliance requirements. Consequently, the large innovations in fintech space, which is currently being observed in India, may get affected,” points out Supratim Chakraborty, a partner specialising in data privacy and protection at Khaitan &amp; Co. This means even if companies are GDPR compliant, they will have more sorting and more rules to abide by. Government stronghold on critical personal data Not only is critical personal data a new category altogether, companies have to make sure that it is exclusively stored and processed in India. In order to transfer any data that falls into that category outside of India, firms will need additional approval from the Data Protection Authority (DPA) and the Supervisory Authority. “Therefore, compliance with the GDPR may not result in compliance with the PDP, since transfer outside India will depend on approvals and permissions, either by the DPA or the central government,” noted <a href="https://www.mondaq.com/india/privacy/903076/comparative-analysis-general-data-protection-regulation-2016-and-the-personal-data-protection-bill-2019">Ikigai Law</a>. Government intervention doesn’t stop there. The GDPR doesn’t lay out any terms and conditions to monitor anonymised data. The PDP, however, allows the central government to access non-personal data as long as it’s to frame policies in the interest of the ‘digital economy’. For users, <a href="https://www.businessinsider.in/tech/news/indias-new-data-protection-bill-makes-a-good-show-of-user-rights-but-can-it-deliver-on-its-promises/articleshow/81422687.cms">this a bigger question of privacy</a>. Meanwhile, for companies, it implies that anonymisation standards may differ between the two frameworks. “Given the current ambiguity in several key provisions of the PDP, the overreaching powers given to the executive, and the exemptions granted to it under the PDP, adequate safeguards and checks and balance are required to be built into the legislation to prevent any misuse of its provisions” said Namita Viswanath, a partner at IndusLaw. The question of consent While one can understand the requirement of having terms and conditions available to users in multiple languages, especially in a country as diverse as India — it means a lot more work for companies collecting data. While firms only need to cough up consent in English under the GDPR, they will have to arrange for multiple languages under the PDP. India’s data protection framework also proposes setting up ‘consent managers’ — a new type of entity of channelling consent. “Data principal [user] may give or withdraw consent through a “consent manager” whereas no such provision exists under GDPR,” explained Dubey. Penalties under the Data Protection Bill, 2019: <table style="border-width: initial; border-style: none; table-layout: fixed; width: 468pt;"></colgroup><tbody><tr><td style="border-left:solid #000000 1pt;border-right:solid #000000 1pt;border-bottom:solid #000000 1pt;border-top:solid #000000 1pt;vertical-align:top;padding:5pt 5pt 5pt 5pt;overflow:hidden;overflow-wrap:break-word;">Offence </td><td style="border-left:solid #000000 1pt;border-right:solid #000000 1pt;border-bottom:solid #000000 1pt;border-top:solid #000000 1pt;vertical-align:top;padding:5pt 5pt 5pt 5pt;overflow:hidden;overflow-wrap:break-word;">Penalty </td></tr><tr><td style="border-left:solid #000000 1pt;border-right:solid #000000 1pt;border-bottom:solid #000000 1pt;border-top:solid #000000 1pt;vertical-align:top;padding:5pt 5pt 5pt 5pt;overflow:hidden;overflow-wrap:break-word;">Processing or transferring personal data in violation of the Bill </td><td style="border-left:solid #000000 1pt;border-right:solid #000000 1pt;border-bottom:solid #000000 1pt;border-top:solid #000000 1pt;vertical-align:top;padding:5pt 5pt 5pt 5pt;overflow:hidden;overflow-wrap:break-word;">Fine of ₹15 crore of 4% of annual turnover, whichever is higher </td></tr><tr><td style="border-left:solid #000000 1pt;border-right:solid #000000 1pt;border-bottom:solid #000000 1pt;border-top:solid #000000 1pt;vertical-align:top;padding:5pt 5pt 5pt 5pt;overflow:hidden;overflow-wrap:break-word;">Failure to conduct a data audit </td><td style="border-left:solid #000000 1pt;border-right:solid #000000 1pt;border-bottom:solid #000000 1pt;border-top:solid #000000 1pt;vertical-align:top;padding:5pt 5pt 5pt 5pt;overflow:hidden;overflow-wrap:break-word;">Fine of ₹5 crore or 2% of annual turnover, whichever is higher </td></tr><tr><td style="border-left:solid #000000 1pt;border-right:solid #000000 1pt;border-bottom:solid #000000 1pt;border-top:solid #000000 1pt;vertical-align:top;padding:5pt 5pt 5pt 5pt;overflow:hidden;overflow-wrap:break-word;">Re-identification and processing of de-identified data without consent </td><td style="border-left:solid #000000 1pt;border-right:solid #000000 1pt;border-bottom:solid #000000 1pt;border-top:solid #000000 1pt;vertical-align:top;padding:5pt 5pt 5pt 5pt;overflow:hidden;overflow-wrap:break-word;">Imprisonment of up to three years, or fine, or both </td></tr></tbody></table> ‘Legitimate interests’ versus ‘reasonable purposes’ The GDPR states that data can be retained for a longer time in cases of archiving, research and statistical analysis. The PDP, on the other hand, proposes that data can be retained for longer stretches of time if the user consents or if required in compliance with any obligation under the law. India’s bill also allows companies to process data for ‘reasonable purposes’. However, unlike the GDPR’s ‘legitimate interests’ — which are clearly outlayed — a purpose will be deemed ‘reasonable’ only by the overarching authority, the DPA. This leaves companies with a lot of grey area, in which to operate. “The term ‘reasonable purpose’ is extremely broad and has been left to the subsequent prescription by the DPA, while under the GDPR, the scope of ‘legitimate interest’ can be determined by data controllers on a case-to-case basis,” said Viswanath. To tell or not to tell — who has the power? Under the GDPR, all breaches are to be reported to supervisory authority and to the users as well. India, however, won’t require users to be informed by law. In the case of a data breach, a data company will only have to inform the end users if the DPA deems it so. “Many provisions under the PDP have been left open-ended and for the Central Government or the Data Protection Authority to notify subsequently, leaving a huge scope for potential misuse and room for ongoing regulatory uncertainty,” said Viswanath. SEE ALSO: <a href="https://www.businessinsider.in/policy/society/news/indian-prime-minister-narendra-modi-wants-data-democracy-it-must-avoid-the-flaws-of-the-political-system/articleshow/81060582.cms">Datacracy: Indian Prime Minister's 'data democracy' must avoid the flaws of the country’s political system</a> <a href="https://www.businessinsider.in/tech/news/indias-new-data-protection-bill-makes-a-good-show-of-user-rights-but-can-it-deliver-on-its-promises/articleshow/81422687.cms">India’s new data protection bill makes a good show of user rights — but can it deliver on its promises?</a> <a href="https://www.businessinsider.in/tech/apps/news/whatsapp-signal-and-telegram-face-a-catch-22-situation-as-indias-new-social-media-rules-threaten-encryption/articleshow/81221070.cms">Whatsapp, Signal and Telegram face a catch-22 situation as India’s new social media rules threaten encryption</a>

Being GDPR compliant doesn't necessarily make companies ready for India's upcoming data protection laws

<keyword id="6354576" type="UNKNOWN" weightage="20" keywordseo="facebook">Facebook</keyword>, <keyword id="790242" type="COMPANY" weightage="20" keywordseo="WhatsApp">WhatsApp</keyword>, <keyword id="6355629" type="DEFINITION" weightage="20" keywordseo="google">Google</keyword>, <keyword id="6354616" type="UNKNOWN" weightage="20" keywordseo="Twitter">Twitter</keyword> and Telegram have said they will not process official requests from the Hong Kong authorities to hand over user data for the time being, in the wake of China imposing a controversial new National Security Law in Hong Kong. According to a report in The Wall Street Journal, WhatsApp decided to pause the review of Hong Kong government requests for user data "pending further assessment" of China's national-security law for territory. Facebook is "pausing" such reviews "pending further assessment of the impact of the National Security Law, including formal human rights due diligence and consultations with human rights experts," a WhatsApp spokeswoman was quoted as saying in the report. Google and Twitter said they suspended their reviews of data requests from Hong Kong authorities immediately after the law went into effect. Twitter cited "grave concerns" about the law's implications. Dubai-based Telegram Group said in a statement that it doesn't intend to process "any data requests related to its Hong Kong users until an international consensus is reached in relation to the ongoing political changes in the city." A company spokesperson said it "has never shared any data with the Hong Kong authorities in the past." The people in Hong Kong fear that the new law can send them to jail on the basis of their social media posts and messages. After China imposed a controversial new National Security Law in Hong Kong, tech giants now face a free speech test in the country. The new law requires local authorities to take steps to supervise and regulate the city's internet. Facebook, Instagram, Twitter and Google-owned YouTube currently operate freely in Hong Kong, unlike China where the great Firewall has censored the US tech giants in mainland China. Twitter said in an earlier statement that it has "grave concerns and is committed to protecting the people using our services and their freedom of expression". The Hong Kong government last week said the US has no right to intervene in the city's internal affairs, after the American Senate unanimously passed a punitive sanctions bill in reaction to the controversial new National Security Law imposed by China. The national security law, which Beijing put into effect and made public last week on the eve of the 23rd anniversary of Hong Kong's handover from British to Chinese rule, criminalises a wide range of behaviour and acts under four categories of secession, subversion, terrorism and collusion with a foreign power. SEE ALSO: <a href="https://www.businessinsider.in/tech/news/intel-will-speed-up-mukesh-ambanis-5g-run-power-him-with-ai-and-possibly-a-jio-laptop/articleshow/76780290.cms">Intel will speed up Mukesh Ambani’s 5G run, power him with AI and possibly a Jio laptop⁠— all in return for massive amount of data</a> <a href="https://www.businessinsider.in/business/corporates/news/hul-vs-emami-a-lawyer-explains-whats-fair-and-not-in-the-battle-of-brands/articleshow/76829901.cms">HUL vs Emami — A lawyer explains what’s fair and not in the battle of brands</a> <a href="https://www.businessinsider.in/science/space/news/nasas-latest-pictures-from-mars-are-fascinating-showing-where-the-curiosity-rover-is-headed-next/articleshow/76825564.cms">NASA's latest pictures from Mars are fascinating — showing where the Curiosity rover is headed next</a>

Facebook, WhatsApp, Google, Twitter and others won't be sharing data with Hong Kong

<div class="image-container float_right" style="width:350px"><div class="image"></div><a href="http://www.flickr.com/photos/brewbooks/1155299819/">Flickr / brewbooks</a></div>The market continued to set new highs on very little news.
First the scoreboard:
Dow: 15,105, +48.9 pts, +0.3% S&amp;P 500: 1,632, +6.7 pts, +0.4% NASDAQ: 3,413, +16.6 pts, +0.4%
And now the top stories:
<ul>
<li>In what's becoming a less and less exciting trend, stocks continue to climb to <a href="http://www.businessinsider.com/closing-bell-may-7-2013-2013-5">new all-time highs</a>.</li>
<li>Economist <a href="http://www.businessinsider.com/roubini-rally-could-go-1-2-more-years-2013-5">Nouriel Roubini, aka Dr. Doom, told CNBC</a> that he saw stocks heading higher for another year or two. "There are two forces," he said. "You have the gravitational forces of the slow economy leading eventually to correction. But then the levitational forces of QEs, zero policy rates, more money coming in the market – not just from the U.S., but from other economies – it's going to levitate asset prices."</li>
<li>The stock market rally has <a href="http://www.businessinsider.com/dow-theory-bull-market-2013-5">gained the favor of Dow Theorists</a>, who believe it's bullish when the Dow and the Dow Transports simultaneously hit new highs. In April, there were doubts as the transports lagged the rally.</li>
<li>Over in Asia, <a href="http://www.businessinsider.com/chinese-trade-data-comes-in-much-stronger-than-expected-2013-5">China published its April trade stats</a>, which showed stronger-than-expected gains in both imports and exports. This was a big surprise considering earlier economic data that suggested China and its trading partners were slowing. In fact, seconds after the report was released, economists quickly cried foul.</li>
<li>There were two big problems that everyone pointed to. First was discrepancy in the <a href="http://www.businessinsider.com/chart-china-taiwan-trade-discrepancy-2013-5">data between China and Taiwan</a>. "Compared with the data from Taiwan – the only economy besides China that has published the complete set of April data – growth of mainland exports to Taiwan was 57.7 ppt faster based on China’s data (+49.2% yoy vs. -2.7% yoy) and that of mainland’s imports from Taiwan was 58.6 ppt faster (+55.7% yoy vs. -2.9% yoy)!" exclaimed Societe Generale's Wei Yao. "The gaps narrowed only marginally from March."</li>
<li>Second was the unusually <a href="http://www.businessinsider.com/nomura-that-strong-chinese-trade-data-was-bunk-2013-5">large jump in exports to Hong Kong</a>. "We believe exports to destinations like Hong Kong, a major financial hub, are likely being over-invoiced in an attempt to circumvent capital controls and bring foreign capital into China," said Nomura's Zhiwei Zhang who pointed out that exports to Hong Kong surged by 57.2%.</li>
<li>Q1 earnings season is winding down, but there are a few notable companies announcing their financial results. Groupon and Tesla will announces their results after the <keyword id="149333" type="UNKNOWN" weightage="60" keywordseo="closing-bell">closing bell</keyword> today. </li>
<li>Don't Miss: <a href="http://www.businessinsider.com/india-magazine-bureaucracy-today-2013-5">India Really Has A Magazine Called 'Bureaucracy Today' — And It's Perfect &gt;</a></li>
</ul>

STOCKS RALLY AND MAKE NEW ALL-TIME HIGHS: Here's What You Need To Know

A bunch of fresh economic data out of <keyword id="1334" type="COUNTRY" weightage="60" keywordseo="China">China</keyword>, and all of it is a slight miss.
Here are some tweets summarizing the data.
<blockquote class="twitter-tweet">
Data: China Retail sales for March+12.4% y/y (vs. +12.6% expected) <a href="http://t.co/nxezj4G8Sc" title="http://bit.ly/YobxGd">bit.ly/YobxGd</a>
— ForexLive (@ForexLive) <a href="https://twitter.com/ForexLive/status/323616848123949058">April 15, 2013</a></blockquote>

<blockquote class="twitter-tweet">
Aaand that's a miss. China Q1 GDP misses f'casts for 8%, comes in at 7.7%. Let the selling begin...
— Deirdre Wang Morris (@deeCNBC) <a href="https://twitter.com/deeCNBC/status/323616839731130368">April 15, 2013</a></blockquote>

<blockquote class="twitter-tweet">
Data: China March Fixed Asset investment excluding rural20.9% (vs. 21.3% expected) <a href="http://t.co/FYoE2d3mvc" title="http://bit.ly/YVRSRZ">bit.ly/YVRSRZ</a>
— ForexLive (@ForexLive) <a href="https://twitter.com/ForexLive/status/323617142928990208">April 15, 2013</a></blockquote>

<blockquote class="twitter-tweet">
The data really isn't doing what <a href="https://twitter.com/search/%23China">#China</a> gov't wants. GDP, industrial output, FAI miss f'casts. Q1 RE invtmnt looking strong at +20.2%
— Deirdre Wang Morris (@deeCNBC) <a href="https://twitter.com/deeCNBC/status/323617499956527105">April 15, 2013</a></blockquote>

China Releases A Bunch Of Economic Data - And Pretty Much Every Number Is A Miss

<ul><li>India’s <keyword id="2617070" type="PERSON" weightage="20" keywordseo="Personal-Data-Protection-Bill">Personal Data Protection Bill</keyword>, 2019 is likely to be placed in front of Parliament sometime this month.</li><li>The underlying goal of the proposed laws is to assign rights to users over the collecting, storage and usage of their information.</li><li>However, vague language and open-ended clauses leave room for government overreach and resulting misuse.</li></ul>When it comes to data privacy it looks like users have every option available to them except for the one they want — control over their data. This includes knowing who’s collecting data, where it’s being stored, how it’s being used and what can be done if it's misused instead. There have been one too many instances where personal information, anonymised or not, has been used with bad intentions. One prominent example from recent history was <a href="https://www.businessinsider.in/tech/news/the-cambridge-analytica-whistleblower-explains-how-the-firm-used-facebook-data-to-sway-elections/articleshow/71461113.cms">Cambridge Analytica</a>’s use of data from Facebook to profile voters during the 2016 US Presidential election. With the recent increase in cyber crimes, the government of India is coming up with its own data protection laws, which officials claim is based on the European Union’s General Data Protection Regulations (GDPR). Any data that can identify an individual — either directly or indirectly — is covered under the <keyword id="4839724" type="PERSON" weightage="20" keywordseo="data-protection-bill">Data Protection Bill</keyword>, 2019. This includes names, addresses, financial information, IP addresses, cookies, device IDs and other data. Hobson’s choice that Indian internet users face The bill outlines that an organisation needs to tell an individual from before collecting or using their data. The exceptions to this are if the data is processed under law or court order, for purposes related to employment or for a ‘reasonable’ purpose specified by the Data Protection Authority (DPA) — the nodal organisation that will be looking after the entire framework. Reasonable purposes include the operation of search engines, fraud prevention, mergers and acquisitions, and credit scoring but is not limited to any prescribed scope of activity. Moreover, clause 91 of the bill allows the central government to access anonymised or non-personal data to frame policies in the internet of the ‘digital economy’. “Such provisions show that the proposed law is far more interested in treating data as a resource,” noted the Internet Freedom Foundation (<a href="https://internetfreedom.in/essential-features-of-a-rights-respecting-data-protection-law/">IFF</a>). This indicates that there is still considerable scope for a user’s data to get collected without their consent. The only difference is that instead of a private company exploiting your personal details, it will be the government with little in its way to stop overreach. Even ‘critical’ and ‘sensitive’ data — such as religion, age, gender and other personality identifiers — may be available to the government in the interest of ‘national security’. The vaguely worded clause leaves room for misuse, according to <a href="https://indianexpress.com/article/opinion/columns/personal-data-protection-bill-2019-privacy-laws-7135832/">critics</a>. User rights under the Personal Data Protection Bill: <ul><li>The right to obtain confirmation from the fiduciary on whether their personal data has been processed.*</li><li>The right to seek correction of inaccurate, incomplete, or out-of-date personal data.</li><li>The right to have personal data transferred to any other data fiduciary in certain circumstances</li><li>The right to restrict continuing disclosure of their personal data by a fiduciary, if it is no longer necessary or consent is withdrawn.</li></ul>*A data fiduciary is an entity or individual who decides the means and purpose of processing personal data. Penalties under the Data Protection Bill, 2019: <table style="border-width: initial; border-style: none; table-layout: fixed; width: 468pt;"></colgroup><tbody><tr><td style="border-left:solid #000000 1pt;border-right:solid #000000 1pt;border-bottom:solid #000000 1pt;border-top:solid #000000 1pt;vertical-align:top;padding:5pt 5pt 5pt 5pt;overflow:hidden;overflow-wrap:break-word;">Offence </td><td style="border-left:solid #000000 1pt;border-right:solid #000000 1pt;border-bottom:solid #000000 1pt;border-top:solid #000000 1pt;vertical-align:top;padding:5pt 5pt 5pt 5pt;overflow:hidden;overflow-wrap:break-word;">Penalty </td></tr><tr><td style="border-left:solid #000000 1pt;border-right:solid #000000 1pt;border-bottom:solid #000000 1pt;border-top:solid #000000 1pt;vertical-align:top;padding:5pt 5pt 5pt 5pt;overflow:hidden;overflow-wrap:break-word;">Processing or transferring personal data in violation of the Bill </td><td style="border-left:solid #000000 1pt;border-right:solid #000000 1pt;border-bottom:solid #000000 1pt;border-top:solid #000000 1pt;vertical-align:top;padding:5pt 5pt 5pt 5pt;overflow:hidden;overflow-wrap:break-word;">Fine of ₹15 crore of 4% of annual turnover, whichever is higher </td></tr><tr><td style="border-left:solid #000000 1pt;border-right:solid #000000 1pt;border-bottom:solid #000000 1pt;border-top:solid #000000 1pt;vertical-align:top;padding:5pt 5pt 5pt 5pt;overflow:hidden;overflow-wrap:break-word;">Failure to conduct a data audit </td><td style="border-left:solid #000000 1pt;border-right:solid #000000 1pt;border-bottom:solid #000000 1pt;border-top:solid #000000 1pt;vertical-align:top;padding:5pt 5pt 5pt 5pt;overflow:hidden;overflow-wrap:break-word;">Fine of ₹5 crore or 2% of annual turnover, whichever is higher </td></tr><tr><td style="border-left:solid #000000 1pt;border-right:solid #000000 1pt;border-bottom:solid #000000 1pt;border-top:solid #000000 1pt;vertical-align:top;padding:5pt 5pt 5pt 5pt;overflow:hidden;overflow-wrap:break-word;">Re-identification and processing of de-identified data without consent </td><td style="border-left:solid #000000 1pt;border-right:solid #000000 1pt;border-bottom:solid #000000 1pt;border-top:solid #000000 1pt;vertical-align:top;padding:5pt 5pt 5pt 5pt;overflow:hidden;overflow-wrap:break-word;">Imprisonment of up to three years, or fine, or both </td></tr></tbody></table> Authority without independence In the case of data misuse, users had to file a complaint under the Information Technology Act, the Indian Penal Code, Consumer Protection Act, Indian Contract Act or look to sectoral regulators until now. With its new set of laws, India hopes to cover all issues under the ambit of the DPA. If there is ever any breach of personal data, the organisation in-charge will have to inform the DPA. After that, however, the apex body will be in charge of deciding whether the data breach should be communicated to the affected users or direct the company to mitigate the threat. The decision making is still not in favour of the users themselves. Moverover, the independence of the DPA has also been <a href="https://thewire.in/tech/india-data-protection-authority-needs-constitutional-entrenchment">called into question</a>. The members that comprise the DPA includes a chairperson and six committee members, which will be appointed by the central government on the recommendation of a selection committee. The committee itself is formed by senior civil servants, including the Cabinet Secretary. Critics claim that the government has too much power to appoint and remove members at its discretion. This also implies a level of ability to influence the members of the DPA and the underlying committee. The Hobson’s choice in front of internet users in India is whether they’re okay with information being used by private companies to make a profit or to hand data over to the government with whom many are <a href="https://www.businessinsider.in/tech/news/what-is-facial-recognition-technology-and-how-india-is-using-it-to-track-down-protestors-and-individuals/articleshow/80782606.cms">facing a trust deficit</a>. SEE ALSO: <a href="https://www.businessinsider.in/india/news/india-is-using-the-quad-alliance-to-get-help-from-the-us-japan-and-australia-to-match-chinas-covid-19-vaccine-push/articleshow/81408044.cms">India is asking the QUAD for money to boost vaccine production and counter China’s moves on the global stage</a> <a href="https://www.businessinsider.in/stock-market/news/gold-prices-are-falling-and-the-worlds-biggest-market-for-the-yellow-metal-is-hoping-for-more-shoppers/articleshow/81406658.cms">Gold prices are falling and the world’s biggest market for the yellow metal is hoping for more shoppers</a> <a href="https://www.businessinsider.in/tech/news/india-blockchain-tech-to-make-sms-more-secure-is-leaving-users-locked-out-of-their-account/articleshow/81409145.cms">India’s blockchain tech to make SMS more secure is leaving users locked out of their accounts — and potentially more at risk</a>

India’s new data protection bill makes a good show of user rights — but can it deliver on its promises?

Green shoots out of <keyword id="1334" type="COUNTRY" weightage="60" keywordseo="China">China</keyword> already?
<blockquote class="twitter-tweet">
China trade data better than expected. Exports +14.7% vs +10.3 f'cast. Imports +16.8% vs 13.9% f'cast. Mkts edging up <a href="http://t.co/nIfPD3rEvp" title="http://twitter.com/deeCNBC/status/331951310079410176/photo/1">twitter.com/deeCNBC/status…</a>
— Deirdre Wang Morris (@deeCNBC) <a href="https://twitter.com/deeCNBC/status/331951310079410176">May 8, 2013</a></blockquote>

Chinese Trade Data Comes In Much Stronger Than Expected

<keyword id="1334" type="LOCATION" weightage="20" keywordseo="China">China</keyword> has the <keyword id="10966626" type="UNKNOWN" weightage="20" keywordseo="strongest-military-force">strongest military force</keyword> in the world while <keyword id="3658" type="LOCATION" weightage="20" keywordseo="India">India</keyword> stands at number four, according to a study released on Sunday by defence website Military Direct. "The USA, despite their enormous military budgets, comes in 2nd place with 74 points, followed by <keyword id="6358826" type="LOCATION" weightage="20" keywordseo="Russia">Russia</keyword> with 69, India at 61 and then France with 58. The UK just about makes the <keyword id="46676" type="ORGANIZATION" weightage="20" keywordseo="top">Top</keyword> 10, coming in 9th place with a score of 43," said the study. The study said "ultimate military strength index" was calculated after taking into consideration various factors including budgets, number of inactive and active military personnel, total air, sea, land and nuclear resources, average salaries, and weight of equipment. China has the strongest military in the world, scoring 82 out of 100 points in the index, it noted. "Based on these scores, which account for budgets, men, and things like air and navy capacity, it does suggest that China would come out as top dog in a hypothetical super conflict," it mentioned. The world's biggest military spender with a budget of USD 732 billion per year is the USA, it noted, adding that China comes second with USD 261 billion, followed by India at USD 71 billion. "China would win by sea, USA by air and Russia by land" in this hypothetical conflict, it said. "USA wins in an aerial war with 14,141 total airships vs Russia with 4,682 and China with 3,587. The <keyword id="126529" type="LOCATION" weightage="20" keywordseo="Russian-Federation">Russian Federation</keyword> wins in a land war with 54,866 vehicles vs USA with 50,326 and China with 41,641," it mentioned. China wins in a sea war with 406 ships vs Russia with 278 and the USA or India with 202, it said. SEE ALSO: <a href="https://www.businessinsider.in/thelife/article/a-4-foot-tall-humanoid-robot-called-doozy-may-just-be-the-party-symbol-for-tamil-nadus-immk-but-it-can-do-much-more-than-that/articleshow/81605666.cms">A 4-foot-tall humanoid robot called Doozy may just be the party symbol for Tamil Nadu’s IMMK, but it can do much more than that</a> <a href="https://www.businessinsider.in/science/space/news/an-asteroid-twice-as-big-as-the-statue[%E2%80%A6]th-tonight-flying-at-100000-kmph/articleshow/81610030.cms">The biggest asteroid of 2021 is going to zoom past Earth tonight flying as fast as 100,000 kmph</a> <a href="https://www.businessinsider.in/tech/mobile/news/oneplus-9r-will-be-the-companys-next-affordable-smartphone-india-launch-confirmed-for-march-23/articleshow/81586104.cms">OnePlus 9R will be the company’s next affordable smartphone, India launch confirmed for March 23</a>

India has world's fourth strongest military, according to Military Direct's study

New Delhi, June 30 (IANS) After India directed blocking of 59 Chinese apps, some of India's top legal experts have asked what the government plans to do about hundreds and thousands of Chinese mobile phones being used by Indians and the CCTV cameras installed in both the corporate sector and the government agencies, which could potentially be transmitting data of Indians outside the country. The IT Ministry on Monday issued an interim order to block 59 Chinese apps, including TikTok, under Section 69A of the Information Technology Act, 2000. The apps have been directed to be banned on the grounds that they have been trying to impact the "sovereignty and integrity of India, defence of India, security of state and public order". "Banning or blocking apps is only a starting point, not the endgame journey. A lot of steps will have to be taken. There are a huge number of Chinese mobile phones which are being used by Indians and they continue to transmit data outside India, particularly to China," Pavan Duggal, one of the nation's top cyber law experts, told IANS. "Further a lot of Chinese CCTV cameras and other devices are installed both in corporate sectors and also in governmental agencies. Their use in terms of the collection of data and their transmission of data to China need to be reconsidered," he said, adding that India must come up with a strong cogent methodologies and process to protect Indian sovereign interest in cyberspace. According to Virag Gupta, a lawyer who is arguing the case in Supreme Court for data localisation in India, said the decision to block 59 apps will go a long way in shaping "our future plan of action against Internet giants"."Obviously, there will be challenges to implement this decision, but we can call it a digital surgical strike against global powers with colonial mindsets," he said. As India is a democratic country unlike China, a party aggrieved by the government's decision can challenge the action under the current legal framework. Once the law provides the remedy of an appeal to an affected party, the party will have to show that it is not misusing the data of Indian users, and similarly, the government will also be called upon to show what relevant material led to the conclusion that such kinds of apps impact the sovereignty, security and integrity of India, Duggal said. Besides TikTok, the banned apps include SHAREit, Helo, WeChat, UC Browser and Xiaomi's Mi Community, among others. Following the ban, TikTok said in a statement that it places "the highest importance on user privacy and integrity." Asserting that it has not shared any information of its users in India with any foreign government, including the Chinese government, the ByteDance-owned short video-sharing platform promised that even if it is requested to share information of Indian users by the Chinese government in the future, it would not do so. But under the Chinese cybersecurity law, the government has the power to ask for any information pertaining to the sovereign interest of the country or pertaining to public order from any company which is located in China, Duggal said. "The said companies are duty-bound to share that information. If they do not share that information with the Chinese authorities, it actually becomes an offence under the Chinese law," he said. "So whenever any Chinese company says that it is not sharing any data of Indians with Chinese agencies, I think it will be further called upon to show how it will be going ahead in complying with applicable national laws and how it will be further ensuring that the said information will not be shared in the future," Duggal said. According to Mishi Choudhary, a technology lawyer and an online civil liberties activist, India's move to ban 59 Chinese apps underscores that the cyber world and the Internet are part of the geopolitics and are not some distant matter left to the techies. "We must have a robust cyber peace or war policy that addresses our national security concerns and presents a well thought through, rights respecting policy in sharp contrast to an authoritarian regime like China," she said. As Nagpur-based lawyer Vinod Tiwari pointed out, if the interim order is confirmed, accessing these 59 apps will be an issue only within the territorial boundaries of India. Duggal also pointed out that the government of India has got the power under Section 87 of the Information Technology Act, 2000, to come up with specific due diligence parameters for app developers and app service providers. "However, no such due diligence parameters have been given to app service providers so far," he said. (Gokul Bhagabati can be contacted at gokul.b@ians.in) --IANS gb/arm

After app ban, experts ask what about Chinese phones?

Earlier this morning, <a href="http://www.businessinsider.com/the-state-of-the-world-economy-2013-9">we gave a rough overview of the global economy</a>. It goes like this: Europe is rebounding, China is doing a tad better than expected, and the US continues along the same path it's been on, which is essentially one of decent, but disappointing performance.
So here's a perfect, practical counterpoint to that: Morgan Stanley's European Equity Strategy team has put together 4 big investment ideas to play this world <keyword id="34412" type="ORGANIZATION" weightage="60" keywordseo="economy">economy</keyword>.
They are:
#1 Buy European Exposure #2 Buy China Exposure vs India Exposure #3 Buy China Consumer vs Investment Plays #4 Cautious on Domestic UK Stocks
Some of these ideas should be intuitive.
The European economy is just starting to lift off again, so betting on Europe should do well (although European stocks have been trouncing US ones lately).
The long China vs. India is a reflection of the fact that despite all the "hard landing" hype, China's economy looks far more stable at the moment than its BRIC counterpart.
Within China, consumer seems like the play, as the government seems willing to go down a path of "quality" growth, rather than just growth driven by investment, which has already lead to overcapacity in many sectors.
And on the UK, Morgan Stanley feels as though there's already been too much of a run there.
Meanwhile, here's Morgan Stanley's list of companies with strong exposure to the Chinese consumer.
<div class="image-container display-table"><div><div class="image">Morgan Stanley</div></div></div>

Morgan Stanley Presents Four Big Investment Ideas To Play The World Economy

<div style="float: right; margin: 15px 0 20px 20px;"><table border="0" cellspacing="0" cellpadding="0"><tbody><tr><td colspan="2"><a href="http://static6.businessinsider.com/category/chart-of-the-day"> </a></td></tr><tr><td><a href="http://www.businessinsider.com/short-sellers-getting-crushed-by-rally-2013-5"></a></td><td><a href="http://www.businessinsider.com/citi-may-panic-euphoria-model-2013-5"></a></td></tr></tbody></table></div>Earlier today, <keyword id="1334" type="COUNTRY" weightage="60" keywordseo="China">China</keyword> published its <a href="http://www.businessinsider.com/chinese-trade-data-comes-in-much-stronger-than-expected-2013-5">official April trade figures</a>.
And while the numbers for both imports and exports were much stronger than expected, experts have been left scratching their heads over the unusual discrepancies.
For one thing, exports surged 14.7% year-over-year even as exports to the U.S. fell by 0.7%. Exports to the EU fell by 6.4%.
In a note to clients, Nomura's Zhiwei Zhang attributed it to companies trying to <a href="http://www.businessinsider.com/nomura-that-strong-chinese-trade-data-was-bunk-2013-5">get around strict Chinese capital controls</a>.
"We believe exports to destinations like Hong Kong, a major financial hub, are likely being over-invoiced in an attempt to circumvent capital controls and bring foreign capital into China," said Zhang who pointed out that exports to Hong Kong surged by 57.2%.
Societe Generale's Wei Yao agrees with Zhang. 
"As for reasons, our observation from the trips to the mainland led us to believe that there is indeed a large amount of speculative capital flows," wrote Yao in a note to clients. "Nearly all corporates we met admitted that they were conducting some forms of interest rate arbitrage on the expectation of further yuan appreciation."
But Hong Kong wasn't the only discrepancy.
Yao noted a whopper in the Taiwan numbers. 
"Head-scratching discrepancies in bilateral data comparison persisted on both sides of the ledger," she wrote. "Compared with the data from Taiwan – the only economy besides China that has published the complete set of April data – growth of mainland exports to Taiwan was 57.7 ppt faster based on China’s data (+49.2% yoy vs. -2.7% yoy) and that of mainland’s imports from Taiwan was 58.6ppt faster (+55.7% yoy vs. -2.9% yoy)! The gaps narrowed only marginally from March."
No wonder people question the reliability of the data.
<div class="image-container click-to-enlarge" style="width:618px"><div class="image"><a title_source="Societe Generale" title_caption="" class="zoomin" href="http://static1.businessinsider.com/image/518ac534ecad04b420000010-960/moneygame-cotd-050813.jpg"></a></div>Societe Generale</div>

CHART OF THE DAY: It Doesn't Take A Genius To See Something Fishy In China's Trade Data

New Delhi, Jun 18 () As the telecom department gears up to ask private telcos to gradually lower their dependence on Chinese equipment, industry body COAI on Thursday said geopolitical issues are the under the purview of the government and should be kept separate from corporate decisions. Cellular Operators' Association of India (COAI) -- whose members include private telcos such as Bharti Airtel and Vodafone Idea -- further said that so far, the government had not mandated exclusion of any vendors' equipment from private operator networks. When government makes laws, companies are "duty-bound" to comply with them, it said. "Geopolitical issues are the provenance of the government and such decisions are distinct; and should ideally be kept separate from commercial decisions which are the provenance of companies," COAI Director General, Rajan Mathews told . As such, companies are driven in their decisions by the interest of provisioning the best possible service to their customers and to take care of the interest of their stakeholders, he said. In a hardening of stance in the backdrop of tensions at the Indo-China border, the government has decided to ask state-owned Bharat Sanchar Nigam Ltd (BSNL) not to use Chinese telecom gear in its 4G upgradation, which is being supported as part of the company revival package, according to sources. The development comes at a time when Indian and Chinese armies are engaged in a standoff in Pangong Tso, Galwan Valley, Demchok and Daulat Beg Oldie in eastern Ladakh. The standoff has stirred anti-China sentiments in India, with protesters and some trade bodies like Confederation of All India Traders calling for a boycott of Chinese products in protest to border standoff. Sources privy to discussions being held in Department of Telecom said it has been decided that BSNL will be asked not to use Chinese equipment in upgradation to 4G network, which is being supported by its revival package. The department is likely to seek tweaking of the tender in this regard. A similar message will be conveyed to Mahanagar Telephone Nigam Ltd (MTNL), sources said. Moreover, the department is even considering measures to urge private telecom operators to bring down their dependence on Chinese-made telecom equipment. "When government makes laws, then companies are duty-bound to adhere to them. To date, government had not mandated the exclusion of any vendors equipment from private operator's networks," COAI's Mathews said. Amid the face-off between Indian and Chinese troops in Galwan Valley, hashtags like "HindiCheeniByeBye" and "BharatVsChina" were trending on Twitter. Earlier on Wednesday, Chinese handset maker Oppo cancelled the livestream launch of its flagship 5G smartphone in the country amid protests calling for the boycott of Chinese products in various parts of the country. Oppo, which ranks among the top five smartphone vendors in India, had said it will livestream the launch of its Find X2 smartphone via YouTube. However, the livestream was cancelled later on, and the company instead uploaded a pre-recorded video. Notably, four of the five top smartphone brands in India (Xiaomi, Vivo, Realme and Oppo) are from China and accounted for almost 76 per cent share of smartphones shipped in India in the quarter ended March 2020. South Korea's Samsung, which ranked third and cornered 15.6 per cent share of shipment in the said quarter is the only non-Chinese firm in the top five tally. MBI ANS ANS

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