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

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