By contrast, it’s much more difficult to determine the jurisdictions where PII is applicable. The broad definitions of PII and personal data are evolving to cover more and more kinds of data. It has the power to make regulations and codes to mitigate reidentification risks and allied privacy concerns. Separately, section 70 of the IT Act gives any competent authority the power to notify and authorise access to computer resources as Critical Information Infrastructure. All rules and responsibilities regarding personal data are set out by the GDPR, which aims to strengthen and unify data collection from EU residents. Under the GDPR you can consider cookies as personal data because according to. Several legal documents and industry standards have their own opinion about what PII is. In other areas, existing laws and regulators can interact with NPD. It raises serious privacy concerns like personal data breaches and illegal use of personal data. Examples that fall under this category are non-adherence to the core principles of processing personal data, infringement of the rights of data subjects and the transfer of personal data to third countries or international organizations that do not ensure an adequate level of data protection. This would convert the NPD to personal data, and bring it within the scope of the draft Bill. And the definition of personal data covers various pieces of information such as: Basically, it’s any information relating to an individual or identifiable person, directly or indirectly. If you think your personal information is secure, think again. By definition, it makes it profitable to serve more consumers instead of few (OECD, 2002) as average costs exhibit a declining trend.  The assessment can consider factors including (a) sensitivity of personal data (b) potential for indirect identification in the dataset (c) publicly available datasets which can complement with the anonymised dataset to suggest links between records (d) consequences of reidentification. vehicle identification number (VIN), Non-specific age (e.g. It can reduce the choices available to consumers, adversely affect the quality of products available to consumers, increase the prices that consumers face and most of all impede with innovation in the sector (Digital Competition Expert Panel, 2019). This yields a significant competitive advantage for incumbents and explains the rise in zero-price services (European Commission, 2019). The Regulation ensures: 1. Wholesale access to data through data interoperability could dismantle the dominance of a few select firms, but it is unclear how it would affect the incentives for innovation in the market. Natural persons may be associated with online identifiers provided by their devices, applications, tools and protocols, such as internet protocol addresses, cookie identifiers or other identifiers such as radio frequency identification tags. data which does not originate from or identify any human being. We interpret the term Non-Personal Data (NPD) to include all kinds of data except Personal Data. GDPR, a General Data Protection Regulation, is a regulation that aims to improve personal data protection in European Union.It becomes enforceable from 25 May 2018. 3. age range e.g. A 32-year old employee of UK-based payroll company Sage deliberately committed data theft … Details: Marriott International … Even anonymisation does not guarantee that privacy risks will not arise from processing activities. Retrieved from Ministry of Electronics and Information Technology: https://meity.gov.in/content/personal-data-protection-bill-2018, (2019, September 13). © 2008-2018 Mixed Bag Media Pvt. Retrieved from A network effect “refers to the effect that one user of a good or service has on the value of that product to other existing or potential users”. These wider debates have precipitated in the nodal ministry for information technology in India — the Ministry of Electronics and Information Technology (MeitY) — constituting a Committee to deliberate on these very concerns and formulate a data governance framework for Non-Personal Data (NPD). Presently, the flow of such Non-Personal Data (NPD) is not regulated in India. Competition Policy for the Digital Era. This is often referred to as a “mixed dataset” (European Commission, 2019). However, where these concerns are raised with regard to NPD, they are unlikely that they fall within the purview of the draft Bill and the DPA as no personal data of individuals is involved. The differences between the two are also becoming less distinct. We conclude by considering the question of whether there is a case for mandating free flow of NPD across sectors in India and across borders. I made a presentation earlier this week to the north eastern members of the Chartered Institute of Management Accountants about the new General Data Protection Regulation (GDPR) and some of the questions that arose were about what constituted “personal data” and was therefore regulated by the Data Protection Act and GDPR. As noted with respect to the identified objectives, the DPA defined under the draft Personal Data Protection Bill may not be suitable as the sole regulator for the different objectives relating to NPD. The definition of processing appears at Article 4(2) of the GDPR:This definition is It is widely acknowledged that anonymisation can be reversed and carries a high risk of re-identification (Wes, 2017). Identifiability of a natural person appears to be core to the definition of Personal Data. The Regulation, applicable as of 28 May 2019, aims at removing obstacles to the free movement of non-personal data across Member States and IT systems in Europe. But it’s not always that simple, as the UK’s Information Commissioner’s Office explains: “By itself the name John Smith may not always be personal data because there are many individuals with that name. Though the non-personal data draft is a pioneer in identifying the power, role, and usage of anonymised data, there are certain aspects such as community non-personal data, where the draft could have been clearer, experts said. Free movement of non-personal data across borders: every organisation should be able to store and process data anywhere in the European Union, 2. Moreover, NIST doesn’t reference cookie IDs and device IDs, so many AdTech companies, advertisers, and publishers consider them as non-PII. These competition and anti-trust issues emanating out of the use of NPD appear closer to the jurisdiction of the competition authorities in India and the current consumer protection regime. (iii) The DPA could support data audits & reviews of data fiduciaries’ anonymisation methods as well as anonymised datasets to check for reidentification risks.  Section 3(29) of the states that “Personal data” means data about or relating to a natural person who is directly or indirectly identifiable, having regard to any characteristic, trait, attribute or any other feature of the identity of such natural person, or any combination of such features, or any combination of such features with any other information;”. Privacy considerations arise where natural persons are identified through the processing of NPD or re-identified when anonymised NPD is de-anonymised. Here are some examples of linkable information: Learn how to protect PII, non-PII and personal data, Everything from the detailed definition of each to practical approaches to collecting and working with different types of data. Retrieved from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/785547/unlocking_digital_competition_furman_review_web.pdf. This may leave traces which, in particular when combined with unique identifiers and other information received by the servers, may be used to create profiles of the natural persons and identify them. More about MediaNama, and contact information, here. Personal Information (SPI) Examples of NPI Financial, credit, and medical data Home address and telephone numbers (including home web addresses) Social Security Number Birth date Mother's maiden name; other names used Family data Religion, race, national origin Performance ratings Account Numbers Importance of Protecting NPI Considerations of international trade. Within the IT Act, a Critical Information Infrastructure refers to that computer resource the destruction or incapacitation of which, negatively impacts national security (Ministry of Electronics and Information Technology, 2000). Developing legal literature suggests that data protection obligations will be applicable when the mixed data can be used to directly or indirectly identify a data principal (Patrick Breyer v Bundesrepublik Deutschland, 2016). Constitution of a Committee of Experts to deliberate on Data Governance Framework. Save my name, email, and website in this browser for the next time I comment. Positive network effects lead to greater value being generated for each incoming individual, leading to further entrenchment of incumbents. But if you want to learn more, feel free to contact us anytime. UpdatedNovember 6, 2020. An experienced copywriter who takes complex topics of data privacy & GDPR and makes them understandable for all. The Personal Data Protection Bill, 2018. 20-40, Information gathered by government bodies or municipalities such as census data or tax receipts collected for publicly funded works, Aggregated statistics on the use of a product or service, The Federal Communications Commission (FCC), The National Institute of Standards and Technology (NIST), The Network Advertising Initiative (NAI), a self-regulatory organization. (iv) The DPA could consider limitations such as requiring sharing of human NPD under contract in certain sectors so that data fiduciaries retain sufficient control on how it is used. Privacy International. However, the line between PII and other kinds of information is blurry. Given the different considerations for the different categories of NPD, a blanket, one-size-fits-all governance framework may not be the optimal regulatory stance. 4(1)). Non-PII data is usually collected by businesses to track and understand the digital behavior of their consumers. (2019, July). Any policy on the governance of NPD data flows will need to take into account India’s obligations under the international trade regime. Made in India. As a result, determining who PII applies to and how is quite difficult. LinkedIn Profile, October 19, 2020 by Karolina Matuszewska, November 9, 2020 by Karolina Matuszewska. The potential measures it could support to mitigate re-identification risks are as follows: (i) The DPA could support codes to set standards for anonymisation that are thorough in masking directly and indirectly identifiable data to prevent singling out, linking or by inferencing. 6.68 In Issues Paper 31, Review of Privacy (IP 31), the ALRC asked whether the Privacy Act, like the National Statement, should include definitions of terms such as ‘re-identifiable’ and ‘non-identifiable’ and whether a distinction should be drawn between identifiable personal information and re-identifiable personal information. Measures may be taken as guidance to better define the grey boundaries of the scope and limits of data that should be regarded as personal. Only if a processing of data concerns personal data, the General Data Protection Regulation applies. While there are clear benefits to the free flow of data across the economy, research is slowly uncovering some effects that might counter or offset some of those benefits. For example, Netflix uses personal data to recommend films and TV programmes that it thinks you’re likely to enjoy, and Amazon uses your shopping history to suggest similar products you might be interested in. Retrieved from EUR-Lex: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52019DC0250&from=EN, (2018, July 27). Retrieved from IAPP: https://iapp.org/news/a/looking-to-comply-with-gdpr-heres-a-primer-on-anonymization-and-pseudonymization/, Xynou, M., & Hickok, E. (2009, December 23). commute patterns, frequencies and loads on public transport systems. (MEITy, 2018) (Article 29 Data Protection Working Party, 2014) (United Kingdom Information Commissioner’s Office, 2012). The original article can be found here. Accordingly, we suggest the following approach. both human NPD and non-human NPD) while objective (iv) relating to privacy risks would need to guide policy regarding the processing of human NPD. People may not want to be personally identified as your customer and it is a good practice to ask them before publishing their name. (i) Competition-related issues relating to NPD such as anti-competitive practices, abuse of dominance, market distortion and trade barriers created by entities are already addressed by the Competition Commission of India (CCI) pursuant to s.18, s.19 and s.20 of the Competition Act, 2002. This can include a company’s knowledge of IT problems and solutions based on individual incident reports, or a research institution’s anonymised statistical data together with the raw data initially collected (such as replies of individual respondents to survey questionnaires). 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