The emerging framework for non-personal data protection in India: perils, promises, and lessons for the developing world

Abstract This paper focuses on the emerging framework for non-personal data protection in India, analysing its potential benefits and drawbacks. The Indian government has used a diverse range of policy instruments to develop a techno-political framework for non-personal data regulation, wherein non-personal data are predominantly viewed as a national economic resource that must be shared to promote domestic players and reinforce India’s digital and data sovereignty. Despite several of its innovative features, including instituting nationwide platforms for non-personal data sharing, this framework lacks clarity regarding data intermediaries’ roles, provides insufficient privacy protections, and creates several business uncertainties. India’s experience reflects developing countries’ challenges and dilemmas in regulating non-personal data, especially balancing economic goals with privacy concerns and managing diverse stakeholder interests. We conclude by highlighting the importance of a rights-based approach with clear accountability mechanisms and streamlined policy/legal frameworks to ensure effective and equitable non-personal data regulation in developing countries.