THE GIST of Editorial for UPSC Exams : 26 March 2020 (Digital identification (Mint))

Digital identification (Mint)

Mains Paper 3:Security 
Prelims level:  Data Privacy
Mains level:Data privacy and threat from protection 

Context:

• In a first anywhere in the world, a court in the Netherlandsrecently stopped a digital identification scheme for reasonsof exclusion.

Background:

• The Dutch Ministry of Social Affairs developed SyRI(System Risk Indicator) in 2014 to weed out those who
• are most likely to commit fraud and receive governmentbenefits.
• The legislation allowed government agencies to share 17categories of data with a private company (TheIntelligence Agency).
• The company used an algorithm to analyse data andcalculate risk scores. The selective rollout was conductedin low-income and immigrant neighbourhoods, whichhave a higher number of beneficiaries.
• Elevated riskscores were sent to relevant government arms, whichstores these on government databases for a maximum oftwo years. The government, in that time period, couldopen an investigation on the targeted person.

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How relevant is this for India?

• Similar to the Supreme Court’s Aadhaar judgment settinglimits on the ID’s usage, the Hague Court attempted tobalance social interest with personal privacy.
• The ruling is also an example of how a data protectionregulation can be used against government surveillance.
• India’s pending data protection regulation, beinganalysed by a Joint Select Committee in Parliament,would give broad exemptions to government dataprocessing in its current form. Some members of thecommittee have decided to take up governmentsurveillance in the upcoming deliberative meetings.
• India’s proposed regulation is similar to the US in theloopholes that could be potentially exploited. Hence,attempts to ban facial recognition in cities such as SanFrancisco have not had the same success as attempts inEurope.

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Have other countries taken note of the Dutch court ruling?

• Digital ID systems are being rolled out at a fast pace inplaces like Kenya, Philippines, Nigeria, Mexico, and more.
• Experts worldwide have been watching the Netherlandscase throughout, and agree that the ruling will ripplebeyond.
• The UN Special Rapporteur, Philip Alston, said: “Thisdecision sets a strong legal precedent for other courts tofollow. This is one of the first times a court anywhere hasstopped the use of digital technologies and abundantdigital information by welfare authorities on humanrights grounds.”
• The UK chairman of the House of Commons, StephenTimms, said: “This ruling by the Dutch courtsdemonstrates that parliaments ought to look very closelyat the ways in which governments use technology in thesocial security system, to protect the rights of theircitizens.”

Way forward:

• The Government of India should enact a privacylegislation that clearly defines the rights of citizensconsistent with the constitutional provisions.
• The government should factor in privacy risks andinclude procedures and systems to protect citizeninformation in any system of data collection.
• An institutional mechanism such as PrivacyCommissioner should be created to preventunauthorised disclosure of or access to such data.
• Capabilities of India’s national cyber cell should beenhanced for dealing with any cyber-attack in shortesttime.

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General Studies Pre. Cum Mains Study Materials

Prelims Questions:

Q.1)With reference to the National Action Plan for Drug Demand Reduction (NAPDDR), consider the following statements:
1. The Union Ministry of Health has formulated a National Action Plan for Drug Demand Reduction (NAPDDR) for 2018-2025. 
2. The Plan aims at reduction of adverse consequences of substance (drug) abuse through a multi-pronged strategy. 

Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer..............................................

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Mains Questions:
Q.1) What are the major challenges for India government in the context of digital identification?