A microscopic view can not provide the real picture of stringent objection regarding the data localization from the developed world to India. Before we go on a comprehensive discussion of data localization, let’s try to understand it. Basically, It is all about storing all form of data on any device that is physically present within the geographical boundary of any country where it gets generated.
So why are we concerned about it? Why do not we leave this as a choice of a company to store anywhere they want? Why is the developed world objecting the idea of data localization? How it affects us as an individual? These are some questions that we need to discuss in a very detailed manner.
Countries like US, UK, and other Europian countries have their own law regarding data storing. These country does not allow any of the company to generate data within the geographical boundaries and store on other countries. It provides the ultimate control to the government over data. Excessive use of technology to get useful knowledge about the users’ demand pattern, likes, dislikes, movements, inter-state relations, social fabrics, and others makes data more sensitive as it pretends. Can you imagine the situation when we are on the verge of external threat and all our information is possessed by our enemy? It can be an improvised source of weapon especially when the fifth generation of warheads are emerging. It is completely possible that data abuse can take place when we do not have any regulation over it. Even, in such a situation, we are not sure where can we get justice? If we want to avoid such possible disasters then we must have ensured its reachability and usability. It makes data localization important issues to secure citizens privacy, national security and sovereignty, and economic growth. In recent years globalization made the things worse for some of the nations. Universal accessibility of social media sites such as facebook, WhatsApp and Instagram can be used to break the existing social fabrics intentionally. Hence, we need an overall long term planned policy on data localization which is irreversible sustainable and flexible. This policy should be framed in a manner where the user should be the real owner of his data. No company, organization, and institution are allowed to use data without the consent of real owner under the exception such as national sovereignty and security threat. Even, this exception should be conditional and available only for the publically elected government under the guidance of the judicial system. Government and organizations should be allowed to use data after ensuring that it will benefit society. We have some of the recommendations that have been provided by the committee of experts led by Justice BN Srikrishna and The Srikrishna Committee.
At last, we all should discuss it in our domain as this issue is directly related to us. The government should not lie down under foreign pressure. As an independent Individual, no one wants to live in the new form of imperialism where our desires and decision control by others whether it is a private or public entity.
RAVENDRA JNV 