RE: [rti4empowerment] Please act NOW

This is serious.

I appreciate the concerns flagged by Shailesh Gandhi. The Committee wants specific answers at end of each chapter. That certainly needs more time than what appears to be on hand. However, I suggest we initiate the debate here and by 29^th articulate appropriate answers to the question posed by the Committee. We should approach with positive mind and deal with issues as they emerge. Incidentally there being no question in the Forward to the White Paper one has taken the Ultimate Principle' as a given.

I have put together some thoughts and articulated them to initiate a debate. The same is as below:

P S Sharda

THE COMMITTEE OF EXPERTS ON A DATA PROTECTION FRAMEWORK FOR INDIA

 

Dear Chairperson and Committee Members

 

The White Paper circulated by the Committee inviting inputs from citizen is currently being gone through. While it lays out detailed extracts from similar enactments of developed countries a lot can still be reflected upon in the Indian perspective.

 

I am making my following inputs to begin with and without prejudice:

 

In view of the concerns aired by Mr. Shailesh Gandhi on the perceived disabling impact of the changes envisaged through proposed paper on the Empowerment of Citizen through the RTI Act I consider it imperative to start a dialogue on these concerns with the Committee inspired by the Forward to the White Paper:

                                                "…वादे वादे जायते तवबोध:

                      [From each debate, there arises knowledge of the Ultimate Principle]…"

At a time when the world is creating data headed towards 44 zettabytes it is good to be informed that government is responding to direction of the Apex Court to act in time to meet the challenges of a mega information world. I will make further inputs in coming days as I send in my initial thoughts for debate towards the attainment of the "Ultimate Principle".

 

Firstly, I must congratulate the Committee for the method of inviting inputs on a pre-articulated outline and conviction for the way forward.

 

Secondly, I would say that the difference in our society and heritage as compared to that of the nations like USA, Canada, UK can be seen to be in contrast. We are the product of a highly spiritual and evolved ancestors who gave to the world the idea of oneness 'Vasudev Kattumbkam'.

 

Ours is a highly EQ and EI driven society and the evolving world that we are adapting to has little space for such virtues. The information in absence of such ingredients does define a path of communication in only a given existing information driven domain unless ones hierarchy permits innovation. The democracy in India is yet to deliver to the masses await the freedom to choose.

 

While data protection is a necessity and cannot be wished away a discerning perusal of Mr. Shailesh Gandhi's communication poses a moot question i.e. is data to be protected for or from the citizen?

 

A meaningful debate on this I feel, would open vistas of the implications, both visibly being addressed and those that will automatically get settled at the backend without any inkling to the real stakeholders as well as the framers of the envisioned text for protection of data in this world in its digital avatar. In my considered view the distance between the State and its executive functionaries must always be maintained at safe distance for any democratic independence to sustain deliverance of freedom to the masses.

 

It is imperative to ensure that data protected under a law ought not to be restricted by charges for access for education of all the masses who cannot even afford an electricity connection in our country. Who walk to school miles away from home? Where even the State cannot guarantee work for wages to all or ensure deliverance of wages to worker for work done under MGNREGA despite SC order. The issues concerning the empowerment of citizens through RTI are also relevant and when addressed will go a long way in framing a legislation that delivers.

 

In light of above to initiate a debate it will be fruitful to consider the following:

 

In the definition clause:

The definition of record should read as thus:

Any data, whether on record of the Government with or on record of the Independent Record Protection Authority or licensee registered with IRPA by whatever name called shall if sought under the RTI Act be deemed to be document on record of the Government for the purposes of the RTI Act.

 

Under the headings 'Provisions of this Act not to apply in certain cases' following be asked to be added:

The provisions of this Act shall not apply to prevent any information sought or allowed to be sought under the RTI Act.

Under the headings Repeal and Saving:

The provisions of this Act shall be in furtherance of and not in derogation of the RTI Act and in case there is any inconsistency between the provisions of this Act and the RTI Act, the provisions of the RTI Act shall supersede the provisions of this Act.

 

P S Sharda

 

From: rti4empowerment@googlegroups.com [mailto:rti4empowerment@googlegroups.com] On Behalf Of shailesh gandhi
Sent: 25 January 2018 15:58
Subject: [rti4empowerment] Please act NOW

 

 

Suggest that all concerned with RTI give our inputs to the Expert Committee on the Data Protection Act. I feel it may reduce the scope of the RTI Act. The submissions can be made at

 https://innovate.mygov.in/data-protection-in-india/

 

before 30 January 2018

 

I am attaching my submission

 

 

Love
shailesh
All my emails are in public domain.

Mera Bharat Mahaan Nahi Hai,

Per yeh Dosh, Mera Hai

Tel: 91 22 26001003;  8976240798

 

 

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