INDIAN EXPRESS EDITORIALS AND EXPLAINED 15TH DECEMBER 2019

ISSUE: OFFICE OF THE UNITED NATIONS HUMANS RIGHT

WHY IN NEWS?

The office of the United Nations Human Rights posted a critical message for India on Twitter on December 13: “#India: We are concerned that the new #CitizenshipAmendmentAct is fundamentally discriminatory in nature. Goal of protecting persecuted groups is welcomed, but new law does not extend protection to Muslims, including minority sects.

What is the UN Human Rights organisation, and what does it do?

The UN Human Rights is the UN’s leading entity on human rights that is currently being led by High Commissioner Michelle Bachelet. It is headquartered in Geneva, Switzerland.

The stated mission of the OHCHR is to work for the protection of “all human rights for all people; to help empower people to realize their rights; and to assist those responsible for upholding such rights in ensuring that they are implemented.”

OHCHR’s work is guided by the Charter of the United Nations, the Universal Declaration of Human Rights and subsequent human rights instruments, the Vienna Declaration and Programme of Action the 1993 World Conference on Human Rights, and the 2005 World Summit Outcome Document.

 

ISSUE: DATA THEIR TYPES AND OTHER TERMS USED IN THE PERSONAL DATA PROTECTION BILL 2019

The Personal Data Protection (PDP) Bill, 2019, introduced in Lok Sabha this week, has been referred to a joint select committeeHere are some terms described in the Bill.

Data: Information that is represented in a form that is more appropriate for processing.

Cross-border transfer: The movement of data across nation borders

Data localisation: Restrictions on the transfer of data outside national borders.

Data processing: The analysis of data to glean patterns, turning raw data into useful information

Personal data: Data that identifies an individual

Non-personal data: Data that is anonymised, most probably because it is presented in an aggregated or summary form

Data principal: The individual whose data is being collected and processed

Data fiduciary: The entity that collects and/or processes a data principal’s data

Data processor: The entity that a fiduciary might give the data to for processing, a third-party entity

Notice: The fiduciary gives the principal a notice of the collection, including the purpose, the type of data, fiduciary contact details, the principals’ rights, and more

Right to correction and erasure: Principal’s right to correct and erase their data

Right to data portability: The right to receive the data from the fiduciary in a machine-readable format

The right to be forgotten: The right to restrict continuing disclosure of personal data

Privacy by design: Developing the product and business with privacy concerns in mind

Data Protection Authority: A government authority tasked with protecting individuals’ data and executing this Act through codes of practice, inquiries, audits and more (The authority has four groups of tasks. In adjudication, the DPA receives grievances and handles enforcement. In monitoring, it oversees internal assessments and external audits of the fiduciaries, as well as tracks data security breaches. In policy, the DPA defines sensitive personal data, reasonable purposes for processing, forms of consent, and the lawful transfer of data outside of India. Finally, the Authority conducts research and awareness building about data protection.)

Significant data fiduciaries: The Data Protection Authority labels certain as this depending on its data processing, such as volume of data, sensitivity of data, company turnover, risk of harm, and newer technologies.

Data protection impact assessment: The fiduciary’s internal assessment

Data protection officer: A representative of the fiduciary that coordinates with the Authority

Sensitive personal data: Data related to finances, health, official identifiers, sex life, sexual orientation, biometric, genetics, transgender status, intersex status, caste or tribe, religious or political belief or affiliation. This data can only be sent abroad with Authority approval.

Critical personal data: The government decides the definition from time to time and it cannot be taken outside of India at all.

Adjudicating officers: Officers in the DPA with the power to call people forward for inquiry into fiduciaries, assess compliance, and determine penalties on the fiduciary or compensation to the principal. Adjudication decisions can be appealed in the appellate tribunal.

NOTE: ON SUNDAY THERE ARE NO EDITORIALS IN INDIAN EXPRESS

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