Edward Snowden, ex-NSA agent, in 2013 revealed the cooperation between Big US tech Giants and the NSA (National Security Agency), U.S. intelligence agency, The Guardian and the Washington Post each published an article about the NSA program PRISM, which forces biggest US internet companies to hand over data on domestic users. though the news was cornered by claiming that the cooperation was under constitutional limits. But his claims and documents completely indicated the other side of the story. Even if we consider that to be half truth the situation gets alarming. As the projects and technology has increased many folds since 2013. The concern is not limited to the optimization of technology. The concern is that the accessibility of the technology has increased so much that now the effect of any mal practice can be so huge that people common people aren’t aware of.
Considering that incident and the ongoing debate on data many Indian thinkers commented that ‘Time is running out and India needs to take a strategic view on data colonization, privacy, and data dominance, it is more of a policy issue and not a technology issue that needs to be addressed soon’. When the term Data colonization was used by the thinkers it indicated the literal meaning of colonization. And the colonization always leads to a bigger problem when the colonizers start experiencing power. The dilemma is real when we say data can give you power in this era. In this article rather discussing how and why data is sensitive and important let us see what need to be done irrespective of the above debate. While we go through the maximum debates of data and related forums in India, very less talk about the instant applicable solutions either the forums are busy in drafting big futuristic solutions or only highlighting the problems. To resolve this issue we can take little steps towards adding the administration and related governance. This will help India to govern the upcoming bills and future laws in better ways as someone will already have an experience of data governance. Technical advancement and legislative upgrade are discussed enough in order to evolve India as a more legitimate market, But the discussion on the part of administrative law needs to be done, an administrative model is must and also a necessity to smoothly implement what the other advancement are proposed in the field of data as scholars have witnessed through times that one time layout is never effective in policy framing and literature must keep on adding the option to maintain the dynamic problems of any field. So here we suggest an existing practice as a model which is though not a complete solution to the data struggle but surely will act as a helping structure to maintain a balance between problems and solutions.
THE OMBUDSMAN MODEL OF ADMINISTRATIVE LAW
If we go through technical definition, the ombudsman is a part of the system of administrative law for scrutinizing the work of the executive. He is the appointee not of the executive but of the legislature. The ombudsman enjoys a large measure of independence and personal responsibility and is primarily a guardian of correct behaviour. His function is to safeguard the interests of citizens by ensuring administration according to law, discovering instances of maladministration, and eliminating defects in administration. Methods of enforcement include bringing pressure to bear on the responsible authority, publicizing a refusal to rectify injustice or a defective administrative practice, bringing the matter to the attention of the legislature, and instigating a criminal prosecution or disciplinary action. But in this situation when the ombudsman will be specifically for monitoring and acknowledging the data breach with the citizens of India the above definition will get modified accordingly.
Before we start building an exclusive administrative model which will be oriented towards sata and how to watch its colonization, we can start with the discussed model which is the ombudsman model but who will be ombudsman? An ombudsman or person is an official, usually appointed by the government, who investigates complaints (usually lodged by private citizens) against businesses, financial institutions, or government departments or other public entities, and attempts to resolve the conflicts or concerns. So a data ombudsman will a government official who will not only monitor the data extraction in different digital jurisdiction but will also address small complains in which user(Citizen of India) Feel that they are targeted by misuse of data but cannot go to court due to lack of intensity in matter or other legal issues. This will help Indian government in tracing the data breach across the country and further analysis will result in better drafting of laws. Also the ombudsman can be given certain powers of initiate inquiry in certain cases without complains this power can be given through check and balances to maintain harmony among administration.
If we see certain previous such models we can refer to the reserve banks model. In 1995 Reserve bank of India also came up with the banking ombudsman scheme. The Banking Ombudsman Scheme was an expeditious and inexpensive forum for bank customers for resolution of complaints relating to certain services rendered by banks. The Banking Ombudsman Scheme was introduced under Section 35 A of the Banking Regulation Act, 1949 by RBI with effect from 1995. Presently the Banking Ombudsman Scheme 2006 (As amended upto July 1, 2017) is in operation. The Banking Ombudsman is a senior official appointed by the Reserve Bank of India to redress customer complaints against deficiency in certain banking services covered under the grounds of complaint specified under Clause 8 of the Banking Ombudsman Scheme 2006 (As amended upto July 1, 2017).
Similarly we can bring a Data ombudsman in India. All small complains can be handled by the data ombudsman, this will act as an initiative to bridge a gap between discussion and practical solution. Once we start acknowledging the smaller complains we can develop better bills and policies as the ministries will have an idea of what actually is happening in Indian market.
What will major benefits of a sitting data ombudsman?
The small complains will start getting addressed, as no one move to courts for small data breaches due to the tiring process of courts.
Once we start getting small complains, it is easier to find out if there is some big conspiracy going on against the nation or an individual.
The hollow discussion going on hypothetical situations will start coming to an end, as a practical approach will be set up.
As without an experienced administrative setup no legislature or law can produce favorable results. Also this will increase the data related literacy in India. When the public will witness the seriousness of the issue by witnessing government engagements it will give a clear message that yes the Data matter, more precisely the crowd must feel that the Indian Data matters.
What must get taken care of is the grounds of complain can be decided to Accommodate the limited power of the ombudsman. This way we can start having an administrative body for data governance and it will help supporting in technical and legislative upgrades more democratically and in balanced manner.
CONCLUSION
The inclusive administration models in respect to data governance are must to sustain economic growth as the market thrives for trust and perhaps the biggest long-term consequence of a data breach is the loss of customer trust. Customers share their sensitive information with businesses like yours assuming that you’ll have the proper security measures in place to protect their data. A 2017 PwC study examined consumer sentiment around cyber security and privacy risk reported that 92% of consumers agree that companies must be proactive about data protection.
A good reputation is often a company’s most prized asset as a business must work constantly to build and maintain the integrity of its brand. However, one compromising episode like a data breach can tarnish even the best of reputations. And if data ombudsman is not bought in time, the companies having monopoly over data will be unwatched and the market will go in the hands of few who can advertise claims of data privacy and will start eliminating small providers in the name of privacy getting complete monopoly in their hands, which will start the real colonization.