Allowing free exchange of data without accommodating political, developmental and security issues would be detrimental to India's National Security.
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Brief Background
In the 1970's, the famous oil spilled, sparked controversy internationally, over who should control the natural oil reserves, its prices and supply, as well as where to find a way to transport oil, where and whom should investigated and whom should form the administrative institution over this. This marks and emphasises the importance of crude oil. Moreover, it was the fuel of 20th century industrialisation and the prime source of geopolitical instability and risk.
Meanwhile, the international community began exploring and implementing new viable energy source for to combat the oil prices, but it did not last long. The United Nations passed a resolution sealing the sovereign rights of those countries over their national natural resources - the New International Economic Order (NIEO)? At the same time, the Organization of the Petroleum Exporting Countries (OPEC) criticized the United States for imposing security measures on oil transports under international maritime law. In fact, the United States had boycott the UN Conference on Maritime Law, opposing the NIEO, citing the law could hamper the exploration of deep seabed for crude oil exploration,
It is not difficult to understand why the issue of crude oil management was controversial. Crude Oil was an important factor for the economy, mainly the military and the strategic front. Also data is an important concern right in the Internet age. Since oil is also a subject of constant conflicts in international politics, based not his many countries are compared based on this. Same is the situation with Data (Global Data. available throughout the Internet and organization), Data has become the new Oil. Data administration is a key issue - who owns the data, how much, for how long, where it is stored, data security and breach has become the key parameters for the economic progress and national security.
Given that the nature of cross-border communication, data is fluid and therefore increases the likelihood of multilateral and bilateral tensions globally. India needs to acknowledge that data is the new Oil and focus on where it falls short. India should prioritise three points while making any policies relating to national security and other areas of development.
National Security
The first concern is related to national security. Like oil, the flow of data creates a wealth of information from which one can intimately understand the preferences, habits and behaviours of an individual or a large community. Since last several centuries this kind of information has gained special importance, because it can be used to obtain important confidential information. Even today, such information is very critical for national security. There are several occurrence where, countries were put into severe crises using such data.
The area of national interest that need attention and thorough implemented has been created through the dissemination of data and digital systems. Protecting natural resources is the prime concern of the country's and can be protected through the use of armed forces. However, contrary to this to safeguard the cyber world (Data) requires strong collective cooperation between various governments, platforms and public & private institutions and establishments. The United States is very often at the forefront of the national security decision-making process. But how is this possible for India, which relies on foreign technology for net-data exports? India has yet to find such secure and reliable templates.
Financial Data and Information
The second crucial point is financial. The value of data cannot be measured by any tangible instruments and has no unit of measurement. Only those who administer and manage it, in whose jurisdiction this issue falls, need to know its importance and value. Oil companies, whether private or public, are owned by countries that are free to use their resources. Industries are often offered long-term leases on resources because the country's claim to those resources is not in dispute. Although India many have 600 million active Internet users-, 13 of the 15 largest technology companies in the world are based in North America alone, while the other two operate from China.
So the value of the data depends on whether it is channelised for some purpose than the time it was obtained or extracted. This way it supports new products development, starting new business, policies and practices and every other industrial segment. Indeed, channelisation of conceptual data is generating its own value in the global economy rather than tangible goods and services. This may be an obvious point but its implications are not so. Powers that manage goods, services and capital globally have laid down rules that will be conducive to Western economies. At a time when developing countries were reaping economic benefits from the process of importing industrial products from outside countries, Western countries were plundering investments in the form of value addition, royalties and taxes. See the difference in thought process of the west.
There is a risk that digital globalisation will lead to the same severe consequences, similar to world war I and II. Restrictions on streaming data cannot be a solution to India's challenges. On the contrary, India needs to take advantage of this opportunity to renegotiate itself with the commercial, financial and intellectual property owners, which not only monitor the flow and channelisation of data but also plan its finance and people management. The flow of Indian data and personal information cannot be freely exchanged. It requires certain conditions, such as guaranteeing equal development opportunities and economic outcomes.
Political Data and Information
The final point is of course political. Data should not be considered as a tradable commodity or a source, ironically it is seen that way, but as a private property and it is the primary duty of the government to look after it. But, is data a treasure trove? Definitely not, It is a digital handshake between man and technology, from which unlimited raw data is constantly being generated.
In this, the data is completely different and opposite of natural resources, those who understand make use of it for personal and commercial gains. (That being said, some similarities can be painted - if neglected Indians are deprived of their social and cultural status from exercising their rights, what will be the merits of granting property rights to such people?
Silicon Valley can't insist on rights because of the technology based companies there! So while others or themselves may not have the right to be sovereign on these platforms, it is very unlikely that they will pass on their resources to developing countries.
Lets assume for an instance data is assumed to be someone's inheritance, the Westphalian order leaves the country free to make concrete decisions about the movement of individuals and their assets. During the World Trade Council meeting in Doha, there was a thorough and detailed discussion on the factors parameters contributing to the global migration of workers.
The proposed GATTS law enables for faster migration of skilled workers, at the same time low or semi-skilled workers, despite them being high demand in many developing countries, left out without any considerations on their own. This is the hypocrisy of the developed countries, in which they choose the person or part of the person (data) that will flow easily and give them priority.
The only conclusion that emerges from this is that data and information should flow freely. This is the only consolation for the international community. However, this process cannot take place in such solitude. The purpose of this article is to remind regulators who are insistent on the localization of data to realise the futility behind it. The flow of cross-border data is an inevitability in a changing global economy. The lack of complementary policies, supportive regulations and administrative institutions will lead to a discrimination and disproportionate distribution of the benefits, which will lead to the creation of a new digital duo and will finally be detrimental to national security. Allowing free flow of data without including political, developmental and security concerns would be detrimental to India's national security.
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