Before Clicking ‘I agree’

Context: Gaps in privacy policy agreements necessitates additional safeguards to protect privacy.

Frameworks for Realising consent as the fulcrum of the fast-growing data ecosystem in India:

• The Data Protection Bill: Lists consent as a legal ground for data processing and requires that consent be freely given, specific, informed, unambiguous and revocable.
• Data Empowerment and Protection Architecture (DEPA) of NITI Aayog: wants to ensure that users remain in control of their data.

Problems associated with privacy policy agreements:

• Complex language in the clauses:  Reams of legal jargon that makes it even difficult for law students to understand.
• Lack of awareness.
• Consent is broken: due to lack of any formalised data-protection framework.

Way Forward: to give users greater control over their digital destinies.

• Businesses should become responsible stewards of consumer trust: E.g. by making users stay on the “privacy policy” page for a few minutes. 
  • Think beyond profits: They should act as fiduciaries of user data and act in the best interest of the user.
• Regulatory bodies should guide customers: E.g.
  • By creating a “privacy rating” for apps that can help individuals to make more informed choices about their data; (like food safety certifications and the Bureau of Energy Efficiency (BEE)’s rating)
  • Creating a new class of intermediaries that warn consumers about dangerous practices and to seek recourse on their behalf. 
• Governments and industry associations shall play an enabling role: by running innovative awareness campaigns that leverage local contexts and relatable narrative styles.
  • E.g. similar to the 10-episode radio show called Zindagi Mobile ran by BigFM that weaved privacy-related messages into fictional stories of everyday Indians. (increasing privacy consciousness)

Conclusion: True potential of Digital India can be realised by educating and empowering every Indian that will enable her to participate fully in India’s digital economy.