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3) Examine the impact that CLOUD Act may have on law enforcement in India? Analyze whether the provisions of localisation of data in draft Data Protection Bill will solve the problems faced by law enforcement agencies in accessing relevant data?(250 words)

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Topic – Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

3) Examine the impact that CLOUD Act may have on law enforcement in India? Analyze whether the provisions of localisation of data in draft Data Protection Bill will solve the problems faced by law enforcement agencies in accessing relevant data?(250 words)

The hindu

Why this question

The article brings up a seldom discussed issue, nonetheless critical, of access to data, principles governing the same, the inadequacy of legal cooperation agreements and the impact of legislations such as CLOUD Act on Indian law enforcement agencies. Considering that Srikrishna committee recommendations talks in detail about aforementioned issues, the question is important for mains.

Key demand of the question

The question expects us to explain how legislations like CLOUD Act can turn out to be of huge help to the law enforcement agencies around the world including India. Discuss the inadequacy which has been resolved with the passage of this Act. thereafter, we need to discuss the provisions related to storage of data domestically from the draft Bill. Analyze why it is right in intent, buy falls woefully short on details.

Directive word

Examine – When you are asked to examine, you have to probe deeper into the topic,  get into details, and find out the causes or implications if any .

Analyze – When asked to analyze, you  have to examine methodically the structure or nature of the topic by separating it into component parts and present them as a whole in a summary.

Structure of the answer

Introduction – Mention what do you mean by data localisation, why is it of concern and emphasize on the fact that in digital age, data is the new oil.

Body

  • Explain what CLOUD Act is. Explain the problem that the Act resolves. Discuss how it can positively impact the working of Indian law enforcement agencies.
  • Discuss the provision of draft Bill with respect to localization of data. Examine why is it a good thing. Thereafter, bring out what procedural safeguards, if any, are built in the draft Bill. Discuss the challenges highlighted by the Committee itself in its report.

Conclusion – Give your view on the effectiveness of the provisions in draft Data Protection Bill related to data access and how can it be improved.