Conclusion

Looking into the future of ‘privacy’

The past few years have seen growing global interest in data privacy. Given recent high-profile data breaches and heightened regulatory action in the European Union (after the launch of GDPR), the privacy discourse is picking up pace in India as well.

Of all the fundamental rights, the ‘Right to Privacy’ is possibly the most complex. While the global debate on this topic has evolved over an extended timeframe spanning multiple centuries, there is still no universally accepted definition of ‘privacy’. However globally, there is now an increasing alignment on the potential risks associated with lack of ‘privacy’, especially in the digital age when people share a lot of personal data online. The current discourse on data privacy in India has largely focused on the legal dimensions of sovereign identity data (Aadhaar). Our objective in this report is to catalyse an enterprise-centric discourse on data privacy by objective baselining data practices followed by private Indian enterprises and identifying a potential roadmap for the evolution of data privacy in India. As outlined in the earlier sections of this study, a significant quantum of personal data is currently being collected, stored, and shared across different entities in the data ecosystem. This is often done without the explicit and transparent consent of individual data subjects. At every stage of the data value chain, the technology driving data collection, handling, and storage, and business models built using this personal data have substantially evolved faster than the standards of data ethics, and the regulations governing data protection. There are multiple possible pathways that could lead to different futures of privacy evolution in India. The timelines and actions of each group of stakeholders will heavily influence the materialisation of some of these future pathways. In this report, our underlying aspiration is to suggest a pathway that is built on the five core principles: individual ownership of data, transparency, fair value, informed consent, and accountability. Coordinated efforts by all stakeholders will be required to bring these principles to life.

ENDNOTES

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2. ‘The hidden costs of an IP breach: Cyber theft and loss of intellectual property’, Deloitte Review, March 2016 3. ‘Building consumer trust: Protecting personal data in the consumer product industry’, Deloitte University Press, March 2016

4. ‘To share or not to share: What consumers really think about sharing their personal information ‘, Deloitte University Press, March 2016 5. ‘Privacy and data protection services: Preparing for the General Data Protection Regulation’, Deloitte, 2016 6. ‘Vulnerability Management: A better way to manage vulnerabilities’, Deloitte Risk Advisory, June 2018 7. ‘GDPR preparedness survey report’, DSCI in collaboration with Deloitte, May 2018 8. ‘EU General Data Protection Regulation: A point of view for technology sector organisations’, Deloitte Risk Advisory, 2017 9. ‘Unlocking the value of personal data: From collection to usage’, World Economic Forum, February 2013 10. ‘Rethinking Personal Data: A new lens for strengthening trust’, World Economic Forum, May 2014 11. ‘Imagining trillion dollar digital India’, IBM in collaboration with Kalaari Capital, April 2018 12. ‘VNI complete forecast highlights 2021’, Cisco, 2016 13. ‘Harnessing the power of Internet of Things to transform industry in India’, Deloitte in collaboration with Confederation of Indian Industry, 2018 14. ‘POV on Digital Identity and Privacy’, Omidyar, October 2017

15. ‘Publically available lists from SEBI and other credit bureaus reporting fraudulent behaviour’, SEBI, 2018 16. ‘Personal Data: The emergence of a new asset class’, World Economic Forum, 2011 17. ‘Compilation of Data Breaches’, Identity Theft Resource Centre, 2018 18. ‘Data Breach Industry Forecast 2018’, Experian, 2017 19. ‘2018 Cost of a Data Breach Study: Global Overview’, IBM, July 2018 20. ‘Big Data’s dangerous new era of discrimination ‘, Harvard Business Review, 2014 21. ‘2018 Identity Fraud: Fraud enters a new era of complexity’, Javelin Strategy and Research, 2018 22. ‘Leading Through Connections: Insights from the Global Chief Executive Officer Study’, IBM, 2012 23. ‘The Customer activated enterprise: Insights from the IBM global C-site study’, IBM, 2013 24. ‘Why investors should care about data security risk’, Schroders, November 2014 25. ‘Facebook letting housing advertisers exclude users by race’, Propublica, November 2017 26. ‘Privacy on the Line’, Dalberg, CGAP & Future of Finance, November 2017

27. ‘Are you protected: Get ahead of the curve’, Dell in collaboration with EMC Squared 28. ‘Consumer attitude towards data privacy survey’, Jainrain Identity First, 2018 29. ‘Digital Dilemma: Turning data security and privacy concerns into opportunities’, Harvard Business Review, sponsored by Cognizant, 2017 30. ‘Highlights of the Personal Data Protection Bill, 2018’, Data Security Council of India, 2018 31. ‘State of Aadhar report 2017-18’, Idinsight, 2018 32. ‘Privacy by Design: Setting a new standard for privacy certification’, Deloitte in collaboration with Ryerson University 33. ‘Unfairness by algorithm: Distilling the harms of automated decision making’, Future of Privacy Forum, December 2017

34. ‘Prepare to monetise data from the Internet of Things’, Gartner, February 2018 35. ‘Customer analytics and the art of the possible with Big Data’, Gartner, April 2014 36. ‘Applied Infonomics: Seven steps to monetise available information assets’, Gartner, November 2018 37. ‘Personal Information Management Services: An analysis of an emerging market, understanding the impacts on UK businesses and the economy’, CtrlShift, June 2014 38. ‘India’s Big Data landscape: Challenges and Opportunities’, Indian Journal of Science and Technology 39. ‘The declared data playbook: How to collect and activate quality consumer data at scale’, Jebbit 40. ‘Privacy by design in Big Data: An overview of privacy enhancing technologies in the era of big data analytics’, ENISA, December 2015 41. ‘The new personal data landscape’, CtrlShift, November 2011

42. ‘Earning consumer trust in Big Data: A European Perspective’, DLA Piper, 2015 43. ‘Currency of trust: Consumer behaviours and attitudes towards digital financial services in India’, Omidyar Network, May 2015

CONTACT US

ROOPA KUDVA

Managing Director, Omidyar Network India roopa.kudva@omidyarnetwork.in

CV MADHUKAR

Investment Partner, Omidyar Network cvmadhukar@omidyar.com

GOVIND SHIVKUMAR

Principal, Digital Identity, Omidyar Network India govind@omidyarnetwork.in

VISWANATHAN RAJENDRAN

Partner, Strategy, Monitor Deloitte virajendran@deloitte.com

MANISH SEHGAL

Partner, Cyber Risk, Deloitte masehgal@deloitte.com

ABOUT OMIDYAR NETWORK INDIA

Omidyar Network India invests in bold entrepreneurs who help create a meaningful life for every Indian, especially the hundreds of millions of Indians in low-income and lower-middle-income populations, ranging from the poorest among us to the existing middle class. To drive empowerment and social impact at scale, we work with entrepreneurs in the private, non-profit and public sectors, who are tackling India’s hardest and most chronic problems. Omidyar Network India makes equity investments in early stage enterprises and provide grants to non-profits in the areas of Digital Identity, Education, Emerging Tech, Financial Inclusion, Governance & Citizen Engagement, and Property Rights. Omidyar Network India is part of the Omidyar Group, a diverse collection of companies, organisations and initiatives, supported by philanthropists Pam and Pierre Omidyar, founder of eBay.

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