While the proposed ODR system seems to be a hopeful path for “boosting digital payments and enhancing the broader financial ecosystem“, the issues that may arise out of it must not be overlooked: Firstly, the links between the various modes of lodging complaints must be analyzed, improper communications between the modes and the PSOs may create distortions and thus lead to ambiguities, which may have severe consequences.

Although the RBI specified in its notification that the system, for the time being, is limited only to disputes and grievances arising out of failed digital transactions, including those which have not been fully completed due to reasons unrelated to the customers (technical issues) such as failure in communication links, non-availability of cash in an ATM, time-out of sessions, etc. Apart from these, the system also includes those transactions whereby the amount has not been credited to the beneficiary’s account due to a lack of adequate information or delay in the initiation of a reversal transaction.

The goal of the system is to provide a “transparent, rule-based, system-driven, user-driven, unbiased mechanism for resolving customer disputes and grievances, with zero or minimal manual intervention.” In other words, the main objective of this system is to enable a dispute resolution system that is not only transparent and unbiased but also provides redressal for consumer grievance with minimal or zero human intervention.

As rightly said by Dave Chapelle “Modern Problems requires modern solutions”. The only good outcome of the COVID-19 pandemic was that the digital economy saw a global revolution. Preventive measures such as lockdowns, social distancing, etc., which limited the scope of human interactions (all of which were a result of the pandemic), led to most forms of trade and communication being shifted online thereby increasing an individual’s dependence on such digital transactions. Each transaction involves a cost which is fulfilled in the form of digital payment. While this can be treated as a great leap forward, such a change is not devoid of certain inevitable issues.

The Patents Act, 1970 provides patent protection in India which is compliant with Trade-Related Aspects of Intellectual Property Rights (TRIPS) and has been adopting and implementing the provisions. To obtain a patent protection in India, apart from the patentability criteria-novelty, inventive step and industrial applicability, the invention must not fall within the ambit of Section 3 and 4 of the Act. As any digital health application works on software and a computer program, Section 3(k) of the Indian Patents Act is relevant which precludes patentability of a computer program per se. Recently, the Delhi High Court has iterated that all computer programs are not barred under Section 3(k) and when such program demonstrates a ‘technical effect’ or a ‘technical contribution’, the invention would be patentable.

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.