India is making significant strides in its digital journey, transitioning from being a consumer of global digital services to becoming a leader in shaping data governance policies. With the second-largest internet user base in the world, the country is using its unique position to assert technological independence. However, this transition comes with challenges as it seeks to balance privacy concerns, economic growth, national security and global cooperation.

The Case for Data Localization

At the heart of India’s data governance policies lies the concept of data localization, which requires certain types of data to be stored within the country. Initially introduced for specific sectors like financial services and telecommunications, the scope of localization has expanded to include personal and nonpersonal data. The government advocates for data localization as a means to protect privacy, enhance security, and drive economic growth.

 Privacy and security have been central to this approach. Localization promises to shield sensitive data from foreign access while providing Indian law enforcement agencies with easier access to information. The government has also linked localization to economic benefits, arguing that it will spur local innovation, attract investments in data centre infrastructure, and create jobs.

Also read: New thinking about Data Governance

Economic and Social Challenges of Localization

Data localization is often viewed as a step toward economic self-reliance, but it comes with notable challenges

1. Localization proponents argue that building local data centres can stimulate the economy. For instance, a 2018 Facebook report highlighted that its U.S. data centres contributed $5.8 billion to the economy over six years. However, critics note that forced localization imposes significant compliance costs on businesses, particularly startups and small enterprises, which may lack the resources to meet these requirements. Furthermore, the potential job creation from data centre construction—estimated at around 2,669 jobs in India – is modest compared to the scale of the country’s labor market.
2. Restricting cross-border data flows could harm India’s trade prospects. Studies suggest that a 1% reduction in data flows could reduce India’s trade volume by $696.7 million. This underscores the need for policies that balance localization with trade facilitation.
3. India’s surveillance framework gives law enforcement agencies wide-ranging powers to access data. While localization simplifies data access for domestic agencies, it also raises concerns about potential overreach and privacy violations. For instance, the CERT-In directive, which mandates extensive logging of ICT systems, led ExpressVPN to remove its servers from India, citing intrusive requirements.
4. Broad localization mandates may deter foreign companies from investing in India’s digital infrastructure, undermining the goal of creating a vibrant data economy. Striking a balance between sovereignty and openness is essential to maintaining global partnerships.

Balancing Privacy and Surveillance

India’s surveillance laws give law enforcement agencies wide access to data. Data localization makes it easier for these agencies to access information stored within the country. However, this raises concerns about privacy. Critics worry that unless India updates its surveillance laws, localization could lead to more privacy violations and human rights issues.

This tension between privacy and surveillance is evident in the CERT-In directive, which mandates extensive logging of ICT systems. Such measures, while aimed at cybersecurity, can discourage foreign companies and conflict with India’s goal of creating a vibrant digital economy.

India’s Global Stance on Data Governance

India’s position on cross-border data flows reflects its identity as both a developing economy and a strategic digital partner to advanced nations. India has criticized the idea of unrestricted data movement, arguing that it mainly benefits developed countries. As a result, India has chosen not to participate in global initiatives like the G20 Osaka Track. Instead, it prefers agreements at the regional or bilateral level that take into account the needs of developing economies.

This position reflects a larger global debate. Developed countries focus on using data to drive innovation and economic growth, while countries like India prioritize data sovereignty and protection against misuse by external players. For India, data is seen as a resource that should be used carefully to support its own development.

Recommendations for a Nuanced Approach

India’s journey toward effective data governance requires a balanced approach that addresses privacy concerns, economic growth and global cooperation. A few steps can help refine its policies:

• Developing clear protocols for data access requests can reduce delays while safeguarding individual privacy. Creating secure technical systems for managing data requests is crucial for transparency and efficiency.
• India’s data centre infrastructure is improving, with initiatives like granting infrastructure status to data centres and drafting a National Policy on Data Centres. Continued investment in power supply and internet connectivity will further bolster the sector.
• Engaging in bilateral dialogues with digital partners and exploring multilateral agreements like the Budapest Convention can help bridge the gap between domestic priorities and international norms.

India is growing as a digital powerhouse and has a chance to shape global discussions on data governance. By supporting policies that balance free data movement with the needs of developing countries, India can help close the gap between rich and poor nations. As the president of the G20, India has a platform to lead these conversations and encourage solutions that respect different perspectives.

India’s unique position allows it to achieve its economic and strategic goals while setting a example for fair data governance globally. Balancing domestic needs with global collaboration, India can emerge as a leader in shaping the future of the digital economy.

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