WHAT IS IoT?
Internet of Things is a network of interconnected devices that
communicate information amongst each other using data and sensors, and work in
a coordinated manner to create a technologically enabled ecosystem of various
devices. For example, the wearable devices that monitor a person’s vitals; GPS
system built within a car that tell the AC at home that the person will be home
soon; intelligent home security systems that lock and unlock the house on its
own; etc. Such technology is being created and marketed by many service
providers, and we have discussed its legal challenges in a previous post. Let
us now have a look at the legal trend being followed by various jurisdictions
to adapt to the technological advancements.
THE EUROPEAN UNION
The European Commission (EC) has been coordinating with the
industry, member States, and third-party States to exploit the true potential
of IoT for development. The various steps adopted by the EC are:
·
Alliance for Internet of Things
Innovation (AIOTI)
launched in 2015 to enable the EC to work closely with the players in the IoT
industry to create an innovative and technology-driven IoT system.
·
Digital Single Market (DSM) Strategy adopted, to promote interoperability of the component
devices
·
Introduced a "Digitising
European Industry (DEI)" initiative and published a published a staff
working document "Advancing the Internet of Things in Europe" to
create a thriving IoT system, human centred IoT approach, and a single market
for IoT.
·
EU Data Protection Directive
95/46 that gave data processors some defence against individual claims, now
made more stringent under EU Data Protection Regulation.
·
EU Privacy Directives also
apply to the IoT industry.
THE UNITED STATES
The Federal Govt has adopted non-binding
guidance to the players in the industry, necessitating the companies to do it
the right way.
·
Federal Trade Commission (FTC) released a
report on “The Internet of Things; privacy and security in a connected World”,
outlining steps to ensure privacy and security.
·
Federal laws regarding privacy
and data protection also apply to IoT domain, and the law relating to
cyberspace would also have a major impact.
IoT comes within the domain of the Ministry of Communication and
Information Technology, under the Department of Electronics and IT. It is
notable that IoT comes as an added boon at the time of introduction of Digital
India programme to ‘transform India into digital empowered society and
knowledge economy’. The Govt released a Draft
Policy on Internet of Things in 2015, with the objectives of creating an
IoT industry in India of USD 15 billion by 2020; to undertake Research &
development for all the assisting technologies; to undertake capacity
development (Human & Technology) for IoT specific skillsets for domestic
and international markets; and to develop IoT products specific to Indian needs
in the domains of agriculture, health, water quality, natural disasters, etc. The
Policy covers:
·
Vertical Pillars: The primary aims
sought to be achieved in time, divided into
Ø Domain-Specific Applications (Smart City, Smart Water, Smart
Environment, Smart Health, Smart Waste Management, Smart Agriculture, Smart
Safety, etc.)
Ø Incubation and Capacity Building: To build Institutional capacity by
promoting experimentations and applications.
Ø Standardization: To promote globally acceptable standards relating
to technology, process, interoperability and services.
Ø Innovation, Research and Development: To fund and promote R&D in
specific related fields by identifying core members in each field, initiating
cloud based open source projects, and create test labs for integration.
Ø Incentives and Engagement: To promote incentives to support
companies in the IoT domain, encouraging exports, and participating in IoT
Forums such as those of IEEE.
·
Horizontal Supports: The subsidiary
support system essential to help the IoT framework to function well.
Ø Human Resource Development: To create an Education and Awareness
Programme on IoT, also introducing it into University Curriculum.
Ø Governance: The new technology requires a new structure of
governance to ensure compliance, and the Govt purports to achieve it through a
multifaceted framework:
v Legal: New legal provisions would need to be created, and the
existing ones amended, to effectively manage the new systems created wherein
machines will decide and intermediary human control will be minimum.
v Advisory Committee: To set up a high-level advisory committee with
representatives from Govt, industry and academia.
v Governance Committees: To set up High-Level Governance Committees
for different application domains.
v Programme Management Unit: To set up Management Units to support in
identification, operationalization, implementation, performance tracking,
periodic reviews, etc. of initiatives.
It may be noted that IoT is evolving and
developing, and its full practical impact on the market and society will be
felt only one the ripples reach far and wide. The law and regulatory framework
will thus have to stay equally potent in corresponding evolution. The Govts
across the world are currently attempting to utilise the benefits of IoT to
attain better developmental goals, at the same time not jeopardizing privacy,
security, and data protection concerns.
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