The commerce ministry, which is giving final shape to the much-awaited e-commerce policy, is soon expected to provide recommendations related to governance of data to the Ministry of Electronics and IT (MeitY), which is looking to regulate personal as well as non-personal data.
Officials from MeitY as well as Department for Promotion of Industry and Internal Trade (DPIIT) – which comes under the commerce ministry – have been in talks to make sure there are minimum overlaps between the e-commerce policy and the data laws.
Last month, members of a committee on non-personal data, headed by Infosys co-founder S (Kris) Gopalakrishnan, met officials from the DPIIT to discuss these issues, an official aware of the development told ET.
While DPIIT officials were of the view that data laws need to be kept out of the e-commerce policy, they also felt that there were ‘gaps’ on non-personal data and the government should act fast to frame rules.
DPIIT is expected to give its recommendations to the Kris Gopalakrishnan-led committee on how some critical data needs to be maintained, the official said.
“There are certain aspects of critical data such as military, biological and genomic data, which need to be covered by the committee. There are gaps which we are looking at,” the official, who did not wish to be identified, said.
A quick fix is needed in the interim since the committee’s recommendations will not have legal ramifications, the official added.
The committee is only likely to suggest that an authority be set up to make the rules, which could be a long-drawn process, the official said.
This aspect of data needs to be looked at by the committee as the e-commerce policy will only cover issues related to the sector. The recommendations are likely to be sent this week, the official said.
ET reported earlier this week that DPIIT was giving finishing touches to the e-commerce policy and could make public the draft of the policy.
The policy is expected to propose a dedicated regulator for the sector and will focus on special measures for rural e-commerce, job creation and infrastructure.
Another government official said the DPIIT may be overstretching its mandate by also including areas of internet not covered under ecommerce in their policy.
“DPIIT should focus on ecommerce rules and regulations, but it seems they want to include any and every kind of commerce that happens on the internet in the policy, which may again lead to overlaps,” said the official.
On the issue of data localisation, the first official quoted earlier in the story said: “We don’t want to disrupt the industry. So, the proposals will be in line with global rule of law.”
Last year, when the draft ecommerce policy was released, it was criticised by global ecommerce and technology giants since it contained a chapter on data, including provisions on localisation of data, which overlapped with the personal data protection Bill.
“Both DPIIT and the committee are trying to see that things are in harmony and if there are any overlaps. Both parties have a common interest in why data is important…,” said a third government official.
Even as the committee on non-personal data is expected to submit its report soon, the draft personal data protection Bill, which was tabled in Parliament late last year, already has a provision which makes it mandatory for companies to share non-personal data with the government.
The Bill is currently being studied by a joint parliamentary committee, which is expected to submit its report in the Monsoon session.
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