New Delhi: Using services such as Google Maps or GPS enabled-devices like smartphones, cameras and tablets could land you in trouble. If the draft Geospatial Information Regulation Bill, 2016 prepared by the Ministry of Home Affairs is implemented in its present form, it can deny the common people access to these useful, everyday services. Users would need a license from the government to access many basic features on their devices.
Preamble of the Bill says "A Bill to regulate the acquisition, dissemination, publication and distribution of geospatial information of India which is likely to affect the security, sovereignty and integrity of India and for matters connected therewith or incidental thereto…".
According to Professor Arup Dasgupta, managing editor, Geospatialworld, the following could be deemed illegal in India:
1. Possession of geospatial data without the permission of the security vetting authority
2. Disseminating, publishing or distributing or visualising any geospatial information of India through internet platforms or online services, or publishing or distributing of any geospatial information of India in any electronic or physical form without the general or special permission of the Security Vetting Authority (SVA).
3. Disseminating, publishing or distributing any geospatial information of India, outside India, without the general or special permission of the SVA.
4. Depicting, disseminating, publishing or distributing of any wrong or false topographic information of India including international boundaries through internet platforms or online services or in any electronic or physical form.
Violating the terms and conditions of the licence mentioned thereof, punishable with a fine and/or suspension or revocation of the licence and/or imprisonment.
How will this affect you?
If the Bill is implemented and enforced, possession of simple geospatial data can land users in big trouble. The definition is so wide that it includes everything from satellite imagery, to atlases, books, magazines, car navigation systems, GPS enabled devices like cameras, smartphones and tablets.
The big questions
Does the act envisage licensing of all these items for 'persons' as defined in the act?
What about navigation services?
Will car manufacturers need to obtain a licence from SVA?
Will individuals using these services also need a licence from SVA?
What about Google Maps and similar services on smartphones and tablets? Will this be banned or licensed?
What about subscriptions to foreign geospatial magazines and journals like National Geographic or IEEE Transactions in Geosciences?
Will these subscriptions be licensed?
What will happen if the map of India in these publications commits the 4th 'offence'? Will the subscriber be liable or will the issue be confiscated? Will this make the subscriber an offender?
Retrospective effect
The Act covers even the existing data. The Bill says "On the matter of 'people' already in possession of geospatial data, sub-section (2) of Section 3 of Chapter 2 says, "Every person who has already acquired any geospatial imagery or data of any part of India either through space or aerial platforms such as satellite, aircrafts, airships, balloons, unmanned aerial vehicles or terrestrial vehicles or any other manner including value addition prior to coming of this Act into effect, shall within one year from the commencement of this Act,make an application along with requisite fees to the Security Vetting Authority for retaining such geospatial information and grant of licence thereof".
To enforce this Act the Government plans to set up four bodies, viz. Apex Committee, Security Vetting Authority, Enforcement Authority and Appellate Authority.
It is scary that the old licence raj is coming back in new avatar, this time to control services that are helping reach the goal of Digital India.