NEW DELHI – July 23, 2020 – BSA | The Software Alliance commends the Committee of Experts for instituting a public consultation process on the proposed Non-Personal Data Governance Framework.

BSA shares the Committees’ goals in promoting innovation, improving efficiency, increasing transparency, and bettering quality services. To that end, BSA supports responsible policies that facilitate voluntary data sharing, collaboration, and experimentation with data resources while protecting privacy. The ongoing COVID-19 pandemic has reinforced the importance of ensuring that citizens, policymakers, public health officials and business leaders all have access to the data they need to make crucial decisions and facilitate global collaborations.

However, a few proposals in the Framework may not allow consumers to fully benefit from the opportunities presented by data sharing. The proposed restrictions on international data transfers and requirements of local data storage in the Non-Personal Data Governance Framework are unrelated to the data sharing objectives of the Framework. Such restrictive measures would rather disrupt companies’ operations, increase the costs of providing services in India, and decrease collaborative opportunities.

In addition, ‘data processors’ including enterprise software and cloud service providers (CSPs) frequently do not have access to the data they process on behalf of their customers pursuant to contractual arrangements, and may not know the nature (personal, non-personal, or otherwise) of the data they are managing on their customers’ behalf.

“Cross-border data transfers have become essential to secure the benefits of a vibrant global digital economy. BSA recommends that the Framework promote cross-border data flows and increase data-sharing opportunities”, says Venkatesh Krishnamoorthy, Country Manager — India, BSA | The Software Alliance. “BSA also urges the Committee of Experts to recognize appropriate exemptions for data processors, including enterprise software and cloud service providers, from the scope of the Non-Personal Data Governance Framework. We look forward to submitting a more detailed response to the report and contributing to efforts to ensure that the framework empowers and drives continued growth for India’s digital economy.”