Data Sovereignty, Data Personalization and Privacy: Leading India-EU towards Data based Digital Relations
Indo-Pacific started as a vision by Japan, but soon after it, became a strategy when the United States adopted it. India took became a part of it and all these countries became the Quad. With the coming of Viet Nam, South Korea and New Zealand, Quad became an ‘Asian version’. Recently France and Germany too adopted the Indo-Pacific strategy, and this meant that the Quad was now taking shape into an ‘Atlantic version’. The rippling effect gave the Quad an ‘expanse of a Trans Continental Quad’. It is important to remember that France and Germany are great powers from the World Wars.
With the rise of China, which has become an unprecedented issue due to its aggression and expansionism, this has also made Germany and France extremely wary of China. So, they agreed to become a part of the Indo-Pacific strategic construct. India and the European Union countries too share excellent relations and due to the Chinese aggression and now becoming part of the same strategy could well develop stronger convergences. Therefore, this article will trace down the possible convergences between India and the European Union countries which would change the course of the winds by highlighting some policy recommendations.[1]
Possible Convergences between India-EU: The winds of change, overtaking the usual?
The world in the last few years has been going through a digital technological change where the economy and society are being transformed, inevitably impacting the lives of the citizens over the world. The world has seen many wars, and the future of wars will be on data, as the data is the center for all forms of transformation aiming for a data-driven innovation along with maintaining and respecting the citizens fundamental rights and rules. If States would like their citizens to embrace data-driven innovations, they will then have to be in full compliance with the data protection rules. At the movement most countries of the European Union are adopting the free and Open Indo-Pacific strategy in the future, these countries along with other Quad members would be aiming to become a digitalized data-driven world which would reflect a strategy aimed to open, diversify and in a fair democratic method aim for a data-driven relations of data economy, data strategy and security especially in military encryption and environmental issues.
On 11 December 2019, the Personal Data Protection Bill was introduced in the Lok Sabha and the aim of this bill is to make sure that the protection of personal data of individuals along with the need to establish a Data Protection Authority. This is important as it is the attribution of characteristics like financial data, biometric data, caste, religion and these needs to be protected as personal data should be processed in a clear and clean method with regard to an individual’s right. In order to protect the individual, there is a need to implement security safeguards like data encryption and preventing the misuse of the data. The grounds to procure this data needs to be made into a water-tight compartment and should only be used for purposes like state welfare and citizen’s benefit policy or the State proving certain benefits to its citizens, legal proceedings and medical emergency.[2] Many believe that this bill doesn’t correctly cater to the need of understanding as to how the privacy-related harms impact the data economy in India and proposes the preventive framework which gives the government greater access of intervention and this could led to the compliance in the costs of various businesses and also jeopardize the privacy versus the state debate.[3]
On 19 February 2020, ‘A European strategy for data’ was developed which was aimed at EU becoming the role model on data in the realm of business and public sector so as to socially empower the society at large. They have built a strong legal framework based on data protection, fundamental rights, safety and cybersecurity and internal market dealing with competitive markets using the various industrial base. EU has been wanting to ‘act now and tackle’ matters of connectivity, processing and storage data, computing power and cybersecurity which would help improve the governance structures by handing the data and increase the pool of quality data which is available for use and reuse. The overall aim of the EU is to capture the benefits by the use of data and improving the greater productivity, competitive markets, health and well-being, environment, transparent governance and convenient public services, and work towards a data and data-enabled products and services unit using Artificial Intelligence (AI) towards the formation of a single market. It is important to also keep in mind, the efforts that the Commission has done since 2014 like the General Data Protection Regulation (GDPR), Regulation on the free flow of non-personal data (FFD), the Cybersecurity Act (CSA) and the Open Data Directive and have been aiming for digital diplomacy as they have recognized 13 countries to whom they will provide adequate level of protection for their citizens data. They have also worked in the sector specific legislation on data access and identified the field which need to address the market failures like automobile, payment service provider, payment service provider, smart meeting information, electricity network data and intelligent transport system.[4]
The interesting part is that the Personal Data Protection Bill is largely based on the EU’s General Data Protection Regulation (GDPR) and this would help the two sub continents interact through the use of the free flow of data. Therefore, the first possible convergence between India and the EU can be based on the synergies of data security laws, data personalization and sovereignty and privacy which would open their interaction through the data economy using artificial intelligence. There are several opportunities for India and Europe data generated across the world would be 175 zettabytes by 2051 and this the volume of data would pave the way for major transitions like 20 percent is connected through smart connected objects like cars, home appliances or manufacturing robots also computer facilitating-edge computing.[5] Therefore, there is a need to look for the possibilities which would open the way for future policy recommendations.
What could be the possibilities/policy recommendations?
Ø Both the European and the Indian data space can collaborate to give businesses in their countries the possibility of planning a large scale single market which would help the economic relations improve especially the sector of agriculture through the use of digital information by AI on cropping production, soil aridity, rainfall and drought coping methods which would help set up a warming mechanisms for farmers and disaster management courses along with water conservation methods.
Ø For manufacturing, in order to help the start-ups and small and medium-sized enterprises (SMEs) in helping them develop their products and services with the data available along with the training of artificial intelligence systems. This could be linked to Udyam system of SMEs in India where the input and turnover has been categorized by the Indian Government and this would help boost the Indian Government's strategy as well.
Ø Consumption pattern can be traced as with the help of data, they can aim for energy consumption and product, material and food traceability which would give the farmers and producers information about the probable outcome of their harvest, the crops which are more demanded would be grown as the consumption pattern of the people would also give the Government benefits to the farmers, production houses and manufacturing sector would also get a boost as to the equipment and the household appliances and instruments which are more in demand.
Ø Due to coronavirus, there has been a great demand for European COVID High Technology which was earlier sold to China along with capital and technology for the development, but due to Chinese aggression and the belief of Coronavirus to be a bio-weapon, Europe is rethinking its China strategy. Europe can reinvigorate their technology and support India by paying for technology and efficiency emissions, chip fabrication and imprinting. Some of the European countries like Italy have suffered a lot due to the COVID-19 leading to mass death, and if Europe collaborates with India, then, India being a medicine sector can be supported with the best medical equipment from Germany. India can also be market for the same and if Europe wants to tackle China and keep them away from coping with their cutting edge medical equipment, then Europe will have to give a cost advantage to India and have to tone down the costing.
Ø Collaboration can happen in the Indian Pharmaceutical sector, where human testing happens, with it being the cheapest, and this means that the COVID-19 vaccine trials, if allowed, would also be the cheapest in India. Since there is no defined human testing format made, it is the cheapest but it is a kind-of violation of human rights. Also, since India is situated in the tropical zone, if the vaccine is working or not would be best understood in the tropical climatic conditions like India and this would be make India of high importance for EU.
Ø Healthcare and Specialized facilities in well-being could also be harnessed. Personalized medicine would help enable the doctors to solve the issues of the patients. Therapeutic strategies could be correctly selected for the patient and with India as the hub of Naturopathy and Ayurveda, it can find alternative healthcare and well-being regimes with the use of AI. Yoga can be a game changer as it will help the doctor, therapists and physiotherapists understand the body movements of a patient. Plastic survey and other life-threatening surgeries can also be helped through the data and all this would help determine the predisposition of the disease and would be able to deliver timely healthcare.
Ø Prevention of emergencies and tackling societal, climate and environment-related challenges and so, the European Green Deal which aims to increase the environmental footprint of the ICT of the world to 9 percent and this can be done by using data centers, cloud services and connectivity. India along with Europe can collaborate in this field and National Disaster Management Authority (NDMA) an apex Body of Government of India would also benefit in a big way.
Ø India and Europe can keep in mind the future of data, and can work towards the applications in the field of industrial and professional along with the internet-of-things applications for the everyday life. They can also work together of the cloud at the edge, safety critical application and quantum computing.
Ø Aiming for a data-agile economy which would also help the highly skilled workforce. Since the United States of America and China are already using the innovation especially in the field of surveillance. India and the Europe use this technology for its highly skilled labor and that can also give a greater boost to the software engineers in India. They can also work on big Data Analysis along with machine learning.
Ø India and Europe can work on the next-generation technologies, infrastructures and work towards data literacy. The New Education Policy (NEP) has emphasized on Artificial Intelligence in education in a big way. On 5 October 2020, Prime Minister Narendra Modi had inaugurated a mega virtual summit on Artificial Intelligence RAISE 2020- ‘Responsible AI for Social Empowerment 2020’ and this was also done to plan out the leveraging of Artificial Intelligence aimed at inclusive development of India’s ‘AI for ALL strategy’ keeping in mind, the spirit of Sabka Saath Sabka Vikas.
Ø India and Europe can also work upon the comprehensive connectivity partnership and help improve the cooperation and connectivity along with a third country like the US or Japan in the Indo-Pacific region and quality infrastructure along with the railway connectivity along with ships movement can be dealt within the transportation sector.
Ø India and Europe, if they collaborate more in the Space and outer Space along with Space technology, it would help tackle the China issue in a big way as the world at the moment spends 60 million dollars in launching but India can try to set the launching at 3 million dollars, which gives India an edge. Europe with its cutting edge should try and work with India as these European Space agencies are also facing a fund crutch so cost cutting is needed which would make India the best option for European Space Agencies and make India’s ecosystem of Space, a success globally. Recently, they signed the Euratom-India Agreement on research and development cooperation in the peaceful use of nuclear energy and this would be the way forward for the application of the above-mentioned policy formulation.
Ø If India and Europe collaborate, then the F-35 Programs can take some shape as the cost overruns and the development of land in India through the private sector can be done easily. The development of weaponry and missiles along with the joint venture of high-level military technology and create an ecosystem of AI for the need for security and strategy. They can also facilitate a safe and secure cross-border data flow which would also help them in the engagement of the 5G and AI.
Ø They can also use this data for maritime security and naval cooperation and also use it for consultations on security and defense and further help to preserve the safety and stability in the Indian Ocean which is the cross-roads of the Indo-Pacific construct.
Ø India and Europe can work towards Digital Diplomacy which prevalent in the present pandemic times and diplomacy has changed the course of action and only moved ahead.
It is important to understand that the above-mentioned section of possibilities and policy recommendations are in full-swing with the Indo-Pacific strategy for a free and open Indo-Pacific and with the European countries like Germany and France adopting the Indo-Pacific strategy is a complete game-changer for the India-EU relations as it is on the path of change and this is a rather unusual change in the wind aiming for an anti-China grouping and this is also giving Quad an Atlantic version making the anti-China grouping stronger.
Pic Courtesy-Patrick Lindenberg at unsplash.com
(The views expressed are personal.)
[1] My gratitude to Pankaj K Jha for his crucial inputs for this article.
[2]The Personal Data Protection Bill, 2019 by the Ministry: Law and Justice published by PRS Legislative Research.
https://www.prsindia.org/billtrack/personal-data-protection-bill-2019 (Accessed on 10 October 2020)
[3] Anirudh Burman. 2020.” Will India’s Proposed Data Protection Law Protect Privacy and Promote Growth?” dated March 09, 2020 published by Carnegie India. https://carnegieindia.org/2020/03/09/will-india-s-proposed-data-protection-law-protect-privacy-and-promote-growth-pub-81217 (Accessed on 10 October 2020)
[4]A European Strategy for data. 2020. EUROPEAN COMMISSION Brussels, 19 February 2020 COM (2020) Parliament, The Council, The European Economic and Social Committee and The Committee of the Regions. https://ec.europa.eu/info/sites/info/files/communication-european-strategy-data-19feb2020_en.pdf (Accessed on 10 October 2020)
[5] Ibid.pp-2
