India's Proposed Data Protection Framework - Recommendations on Individual Participation Rights

6 Pages Posted: 31 Jan 2018 Last revised: 29 Mar 2018

See all articles by Arnav Joshi

Arnav Joshi

London School of Economics & Political Science (LSE)

Date Written: January 30, 2018

Abstract

Brief submissions to the Government of India on individual participation rights forming part of a proposed data protection framework, addressing specific questions raised in the public consultation white paper on the subject.

Our responses and recommendations focus on meaningful approaches to incorporating data access rights, including rectification and algorithmic explainability, more specifically surrounding automated decisionmaking, and how challenges surrounding technical complexities may be addressed when doing so. They also include recommendations on the right against solely automated decisionmaking, specifically in terms of significant and legal effects, as well as thresholds for an operation being solely automated.

These submissions do not aim to be exhaustive, and seek instead to highlight critical concerns and enable more detailed and synthesised consultation between the government and persons with domain specialisation.

The submissions include substantive contributions from Dr. Brent Mittelstadt (Oxford Internet Institute).

Keywords: Data protection, automated decisions, algorithmic explainability, privacy, data access, GDPR, transparency, India

JEL Classification: K24, O33, O38

Suggested Citation

Joshi, Arnav, India's Proposed Data Protection Framework - Recommendations on Individual Participation Rights (January 30, 2018). Available at SSRN: https://ssrn.com/abstract=3115771 or http://dx.doi.org/10.2139/ssrn.3115771

Arnav Joshi (Contact Author)

London School of Economics & Political Science (LSE) ( email )

Houghton Street
London WC2A 2AE
United Kingdom

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