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Data Localisation in India: Questioning the Means and Ends

Rishab Bailey and Smriti Parsheera

Working Papers from eSocialSciences

Abstract: This paper classifies the arguments around data localisation into three broad categories - the civil liberties perspective; the government functions perspective and the economic perspective. It examines the likely costs and benefits under each of these heads and come to the conclusion that it would be premature to adopt any sweeping localisation norms in India. At the same time, India must not will away its ability to adopt such measures in future by agreeing to sweeping ‘free flow of data’ provisions in trade agreements. The identification of cases where narrowly tailored localisation requirements might be an appropriate response should be done through a transparent and consultative process. Where an assessment of the overall costs and benefits justifies a case for localisation, it should be adopted in its least intrusive form.

Keywords: eSS; localisation; questioning; means; ends; civil liberties; government; economic perspective; costs; benefits; localisation norms; free flow of data; trade agreement; transparent; consultative process; intrusive form; India. (search for similar items in EconPapers)
Date: 2019-01
Note: Institutional Papers
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