Draft Policy for the Regulation of Non-Personal Data: A Road to Nowhere

About the author: The authors are Fourth Year students of Gujarat National Law University (GNLU). On 12 July 2020, an expert committee established by the Ministry of Electronics and Information Technology released its report on the “Non-Personal Data Governance Framework” for the country. The report identifies the potential of data as a commodity, and aims to leverage non-personal data for domestic development.

Non-personal data and the need to regulate it

Non personal data is a set of anonymised or aggregated data which excludes personally identifiable information. This means that individuals cannot be identified using such data. The criteria of identifiability depends on a multitude of factors such as any characteristic, trait, feature of the identity of a natural person, or a combination of such features.

The idea behind a law for non-personal data (‘NPD’) emanates from the recognition