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The key issues in sharing personal data are primarily, but not limited to: the transparency and control of data exchange; security and privacy; and information, trust, responsibility and accountability. Such considerations can change during data sharing, particularly data protection and privacy, as this is an important concern.

The MoHFW, through the proposed DISHA, plans to set up a statutory body in the form of a national digital health authority for promoting and adopting: e-health standards; enforcing privacy and security measures for electronic health data; and regulating the storage and exchange of electronic health records. In addition, the National Digital Health Authority (NeHA) under MoHFW is a proposed authority that is intended to be responsible for the development of an integrated health information system in India. It is proposed to be a promotional, regulatory and standard-setting organisation to guide and support India’s journey with Digital Health and consequent realisation of benefits of ICT intervention in the health sector. It also spells out the proposed functions and governance mechanism of NeHA. DISHA is the legislation that seeks to formally establish NeHA and facilitate the online exchange of patient information with a view to prevent duplication of work and streamline resources.

Data Privacy is a main concern in the use of personal data. In September 2013, the MoHFW notified the Electronic Health Record Standards (EHR Standards) for India. They were chosen from the best available, previously used standards applicable to international electronic health records, keeping in view their suitability to and applicability in India. Accordingly, the EHR Standards 2016 document is notified and is placed herewith for adoption in IT systems by healthcare institutions and providers across the country. The MoHFW facilitated its adoption by making available standards such as the Systematised Nomenclature of Medicine Clinical Terminology (SNOMED CT) free-for-use in India, as well as appointing the interim National Release Centre to handle the clinical terminology standard that is gaining widespread acceptance among healthcare IT stakeholder communities worldwide.

India has no dedicated cybersecurity law. The IT Act, read with the rules and regulations framed thereunder, deals with cybersecurity and the cybercrimes associated therewith. As discussed in question 1.3, the ‘body corporate’ that handles sensitive personal data or information (SPDI) must implement “reasonable security practices and procedures” by maintaining a comprehensive documented information security programme. This programme should include managerial, technical, operational and physical security control measures that are commensurate with the nature of information being protected. In this context, the SPDI Rules recognise the International Standard IS/ ISO/ IEC 27001 on “Information Technology – Security Techniques – Information Security Management System – Requirements” as one such approved security standard that can be implemented by a body corporate for the protection of personal information.

As mentioned in question 1.1, the RBI has issued several cautionary advisories in the form of press releases (issued on 24 December 2013, 1 February 2017 and 5 December 2017) to users, holders, investors, traders and similar parties that deal in virtual currencies, highlighting the potential financial, operational, legal, customer protection and security-related risks associated with dealing in virtual currencies.

Blockchain came into vogue in 2008 as the underlying technology for Bitcoins, which has been hailed as the world’s first decentralized cryptocurrency. In the words of its creator (who used the pseudonym ‘Satoshi Nakamoto’), Bitcoin was created since there was a need for “an electronic payment system based on cryptographic proof instead of trust, allowing any two willing parties to transact directly with each other without the need for a trusted third party“1.

A blockchain, as its name suggests, is a virtual chain made of blocks, where each block contains information. Alternatively, it can be described as a digital ledger, where each block of data represents a distinct transaction on the ledger, with the transactions occurring across a decentralized peer-to-peer network. This peer-to-peer network consists of a network of computers (each called a “node”) connected together, which allows the participants in the blockchain to transfer information across the internet without the need to involve any centralised third party.

Influencer Marketing Social networking sites like Instagram, #YouTube, #FaceBook, #Vigo Video, offer a highly interactive and visually rich experience to users. Hence these sites have acquired immense popularity for product promotion. Influencers are the key drivers of this ecosystem. Oxford English Dictionary defines ‘influencer’ as “a person with the ability to influence potential buyers of a product or service by promoting or recommending the items on social media”.

The Interactive Advertising Bureau (“IAB”) defines ‘brand safety’ as “keeping a brand’s reputation safe when it advertises online“. The objective of brand safety is to ensure that the placement of advertisements is such that they are protected against surrounding content that is universally considered to be unsavory. It is intended to prevent potential negative associations with the brand due to particular types of ‘harmful’ content in the vicinity of the ad. For instance, an advertisement for a product such as Bournvita (promoted as a children or family based product), affixed on or displayed in the midst of pornographic content, would work to the disadvantage of the image of the brand. Substantial time and investment is made by brands on projecting a particular type of image, and when their ads are placed in the wrong context, it can damage their image in no time. It takes the consumer mere seconds to make up his/her mind about the brand just by the content it is being associated with, rendering the brandguilty by association. Hence, years of cultivating the “right” image can vanish in the blink of an eye.

(1) E-commerce of food items and groceriesElectronics, books and garments have been the most popular items in the e-commerce segment among Indian consumers. However, COVID-19 seemed to have altered this situation, as e-groceries have taken the centre stage, ever since the pandemic (and the panic shopping!) started in February 2020. As per a press release by Razorpay, one of the largest payment gateways in India, online grocery shopping in India grew by 9% for the first time in just one month.1 The Indian e-grocery stores, such as BigBasket, Grofers and Amazon India Pantry were allowed to continue supplying groceries, and have seen a skyrocketing rise of their app downloads and new customers in each of last months, as per MoEngage, an AI-based customer engagement platform.2 Their businesses are bound to shoot up and this is when their operations have not been smooth due to the lock-down and their sites are consistently slow due to high traffic.A large percent of consumers who now finds online grocery shopping easier, convenient and, more than that, safer, is most likely to continue shopping groceries online post the pandemic situation. This consumer behaviour would lead more businesses to digitise their business operations, especially in the food and beverages industry.