1 Arvind Gupta and Philip E. Auerswald, “The Ups and Downs of India`s Digital Transformation,” Harvard Business Review, May 2019, hbr.org/2019/05/the-ups-and-downs-of-indias-digital-transformation. The NeGP has enabled many e-governance initiatives, such as: Another techno-legal framework for data exchange is the Open Government Data Platform. The platform hosts all government data published under the National Data Sharing and Access Policy and allows public access to and download of this data. The platform was developed with an open source stack and includes several modules and APIs, including a data management module that hosts data catalogs from various government agencies and a visitor relationship management module that collects and disseminates viewer feedback on various data catalogs. 87 Für eine detaillierte Beschreibung des DEPA-Frameworks siehe NITI Aayog, « Data Empowerment and Protection Architecture ». Siehe auch Vikas Kathuria, « Data Empowerment and Protection Architecture: Concept and Assessment », Observer Research Foundation, août 2021, www.orfonline.org/research/data-empowerment-and-protection-architecture-concept-and-assessment. 85 India Urban Data Exchange, « Unleashing the Power of Data for Public Good », India Urban Data Exchange, iudx.org.in; Open Budgets India, « Making India’s Budgets Open, Usable, and Easy to Comprehend », Open Budgets India, openbudgetsindia.org; NITI Aayog, « National Data and Analytics Platform: Vision Document », NITI Aayog, janvier 2020, www.niti.gov.in/sites/default/files/2020-01/Vision_Document_30_Jan.pdf ; und Sam Neufeld, « Deploying Open Government Data for AI-Enabled Public Interest Technologies », Observer Research Foundation, 21. July 2021, www.orfonline.org/expert-speak/ai-driven-public-interest-technologies-employing-open-government-data-achieve. Many data protection laws around the world are largely guided by a common set of so-called privacy by design principles.92 DEPA implements a technology framework that supports and complements each of these privacy principles. 20 Nandan Nilekani, “India`s Aadhaar System: Bringing E-Government to Life,” Chandler Institute of Governance, Governance Matters Magazine, 2021, www.chandlerinstitute.org/governancematters/indias-aadhaar-system-bringing-e-government-to-life. This thinking is evident in the recent data governance measures introduced by the Indian government, the most important of which is an intergovernmental push for data localization. Through sector-specific regulations in the banking, insurance and telecommunications sectors; the DP Bill; and the framework of non-personal data, the Government of India clarified that certain types of data must be stored in the country to allow domestic access.
The main policy objectives in support of these measures are the need to overcome barriers faced by law enforcement officers who have difficulty accessing Indian data stored in other jurisdictions and the importance of ensuring the accessibility of Indian data for domestic actors in order to identify relevant economic and social benefits.103 DEPA has already been identified in the Financial Services Sector. And work is underway to implement it in the health system. It is not difficult to see how this framework can be applied in various sectors such as education, telecommunications, etc. The data governance principles inherent in the technology design of the PAD framework are discussed in more detail below. Aadhaar has led to the creation of various means of authentication, including an electronic authentication process where a service provider uses an Aadhaar number to query the Aadhaar database, which is managed by the Single Identification Authority of India. Government officials respond to these requests by indicating whether the database contains a record that matches the Aadhaar number and the details contained in the request, providing an accurate means of identity verification. Aadhaar`s electronic KYC service, which uses this authentication method, has already carried out about 75 billion identity checks to respond to requests from government and other institutions in the areas of finance, telecommunications and other public services.25 Similarly, Aadhaar`s electronic signature feature allows any Aadhaar number holder to generate a valid and verifiable digital signature. Although India has made significant progress in digitizing its economy, India`s legal framework has not kept pace with this rapid growth.
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