Posts by Tripti Jain

  • Consent continues to be a crucial element of data protection regimes around the world. However, as a tool to promote and protect individuals’ autonomy, it has been diagnosed with numerable weaknesses. While there have been suggestions that it is therefore time to move away from consent altogether, we propose a different approach. Data protection regimes first need to reconceptualise the nature of data, by recognising the need to centre bodies in debates on data governance. Once the entanglement between bodies and data has been acknowledged, data governance regimes can, then, adopt feminist principles of consent that build on insights developed in numerous offline contexts and which allow us to imagine data relations that enable people to actually move closer to the ideal of meaningful consent. This policy brief was first published by the Data Governance Network.   More

    Policy Brief

  • While consent continues to be a crucial element of data protection regimes around the world, it has also been diagnosed with numerous weaknesses as a tool to promote and protect individuals’ autonomy. In this paper, we set out to learn from feminist theory around consent in general and feminist applied thinking around sexual consent in particular how consent regimes in data protection can be strengthened. We argue that such a journey will be promising because of the close entanglements between our bodies and our data. We particularly foreground feminist criticisms of the concept of property in the person” to understand in more detail the profound harms that current data practices do to our personhood, as well as the ways in which consent is currently deployed to enable and even legitimise such practices, rather than challenge or reject them. Through close engagement with feminist thinking around consent, we then develop a list of feminist principles that will need to be followed if consent is to ever be meaningful in data governance. Finally, we outline three areas of change that the application of these principles immediately points to: changes related to the collection of data; changes related to the uses of data; and changes required to protect people who are especially vulnerable in particular. Making these shifts, we argue, is essential if we are to put into place a data infrastructure that is actually empowering for, rather than exploitative of people. This paper was first published by the Data Governance Network.   More

    Research

  • Reclaiming the person in non-personal data. Our submission in response to Expert Committee’s report on Non Personal Data

    The Ministry of Electronics and Information Technology invited public comments for consultation on the Non-Personal Data Governance Framework, Report. The report has been drafted by a committee of experts under the chairmanship of K. Gopalakrishnan. The committee prescribes for a framework to govern non personal data, it categorises non personal data into various categories and suggests mechanisms to reap maximum economic value from non personal data. On 13th September, the Internet Democracy Project made a submission to the consultation, highlighting fundamental concerns as well as making additional comments on the Non Personal Data and some other concepts discussed in the report.   More

    Policy Submission

  • Submission in response to the Draft Unmanned Aircraft System Rules 2020

    On 2 June 2020, the Ministry of Civil Aviation invited public comments for consultation on the draft Unmanned Aircraft System Rules, 2020, or in short the draft Drone Rules. On 3 July 2020, the Internet Democracy Project made a submission and recommendations to the consultation, to address the privacy, freedom of speech and discrimination concerns arising from the Rules, 2020, so that this technology can be used to benefit the society. You can read our full submission below.    More

    Policy Submission

  • Thou shalt build NODEs in the air, but would that be fair? Our submission in response to the NODE White Paper

    The Ministry of Electronics and Information Technology invited public comments for consultation on the National Open Digital Ecosystems (NODE), White Paper. The paper proposes for a paradigm shift from earlier approaches to digital governance. It aims to build a citizen centric, interoperable and open digital ecosystem, in order to do that it presents certain principles and use cases. On 31 May, the Internet Democracy Project made a submission into the consultation, highlighting fundamental concerns as well as making additional comments on the NODE guiding principles against the backdrop of these concerns.    More

    Policy Submission

  • An Exclusion Tale: Aarogya Setu’s march from optional to mandatory

    This piece has been co-authored by Tripti Jain and Tanisha Ranjit. As Aarogya Setu is becoming mandatory in a growing number of cases, it deserves to be asked: does the app ensure welfare for all – or not at all? In this column, we try to answer that question. We look in particular at the implications that the mandates pose on people’s lives and fundamental rights, especially on marginalised sections of the community. We also highlight the other concerns with the app: the issues of efficacy, potential tool for mass surveillance and exclusionary nature of the app. This opinion piece was originally published in The Quint, on 6 May 2020.   More