In the initial discussions with some professionals, it has been found that some have expressed that there could be a conflict with some existing associations with a similar objective. It is our intention that this community should be as much inclusive of all stake holders as possible.
If one professional working in one IT company shakes hands with another professional working in another IT company, we can always say there are two people with conflict of interest. Hence when we speak of an organization that represents a community and there are other organizations which have similar objectives, it is natural that there is a perception that conflict is present.
We would like to state that such apparent perceived conflicts cannot be completely avoided. But if both organizations are interested in the community, then we believe that there must be a way to work together.
At present, the details of how this confluence of data protection professionals need to be structured. If we look at this as a “Market Place”, where Professionals, Professional Organizations both who are the torchbearers of “Privacy” and “Information Security”, we will have a wide representation of the society. If the organizations include the Data Protection Service providers as well as Data Protection Service Consumers, if we define the scope of “Data Protection” as “Personal Information” as well as “Non Personal Information”, then we will have a really representative organization of the society that has stake in “Data Protection”.
As more and more regulations address this community, there is a conflict with the “Innovation” in technology and there is a threat to the free and fair operation of Technology business. The industry which works in “Artificial Intelligence” and “Data Analytics” will be the worst hit when we implement some of the regulations that are presently discussed for the industry.
The professionals who work as “DPO” or “Compliance Officer” will be the worst affected in the fight between the hard core Privacy activists who want to stop all processing of personal information that cannot be identified with a specific written and signed consent with right to rectification, to erase etc., and companies which want to add value to raw data and create a business out of it using innovative algorithms.
There is no doubt that the data protection laws leave enough scope for innovation if we are innovative in interpreting the legislation but we will be at the mercy of the judicial authorities who may have their own interpretation of the regulation which may not entirely be agreeable to and clear to the industry practitioners. The Courts in EU will take stands that could be clearly anti-business where as Courts in US would be more pro-business. Courts in India may be torn between the two extremes and take decisions that some times may confound the confusion.
Business will find it extremely difficult to wade through such uncertain data protection environment and the professionals who are expected to provide advice to organizations and also carry the fiduciary responsibility cast on them by the regulations will be torn between what is good for business and what is the likely view of a judicial authority when a conflict arises.
This organization therefore wants to bring together the entire community on one platform. The Data Protection Officers who swear by GDPR, the Privacy Activists who swear by the Puttaswamy Judgement are part of this Community. The Information Security professionals who need to manage the security for GDPR compliance or ITA 2008 compliance or a new Data Protection Act of India amidst the counter pressures from the Business Executives who want to push ahead with customer centric decisions and CFOs who want to hold back on costs as well as HR professionals who need to ensure that the workforce remain motivated all the time are also stakeholders in this community.
Can we bring together all these stake holders on this single platform? If so how? is the task before us.
Please do share your thoughts… Register yourself as a free member so that we can share our views through e-mails. Write directly if you want to Naavi through e-mail. Let us all come together and plan something which is sustaining and beneficial to the society.
In this entire exercise of formation of this body, Naavi would like to be a catalyst and ensure that the organization is managed by younger practitioners on the basis of democratic principles guided by a Memorandum of Association and Bye-Laws.
Naavi would therefore like to declare that he would voluntarily keep himself outside any executive positions in the proposed organizations and want other interested persons to come forward to lead the organization.