Draft Geospatial Information Regulation Bill, 2016

In May 2016, the Ministry of Home Affairs had released a draft Geospatial Information Regulation Bill, 2016. Right since its release in public domain, the bill has attracted criticism from all segments of society. Government says that it’s just a draft and nothing has been finalized.

Salient Features

Meaning of Geospatial Information

Literally Geospatial Information is any kind of maps and mapping information. The draft bill has put all kinds of images and data of natural and manmade physical features, phenomena or boundaries which are acquired through the space or aerial platforms including satellites, aircrafts, airships, balloons, UAVs etc. It also includes surveys, charts, maps, terrestrial photos etc. In summary, anything that has something to do with maps/ locations/ boundaries/geophysical phenomena or features is included within the ambit of this bill as “geospatial information”.

Government Permission to use Geospatial Information

The draft bill says that any creation that has to do with any of the above mention geospatial information will need permission of a government body called “Security Vetting Authority”. This authority will be established by the Union Government and it will grant licenses to the individuals or organizations who want to use geospatial data. The authority will check the content and data and make sure that it complies with the national policies and is not against national sovereignty, safety and integrity.

The Security Vetting Authority shall consist of an officer of the rank of joint secretary to the government of India or above as chairman and two members, one, a technical expert and the other, a national security expert.

Applicability of the Law

The draft bill makes the proposed law as applicable to entire India including Jammu & Kashmir. Within its ambit come the citizens of India who are either at home or outside; all persons in Government service wherever they are; and all persons on ships/ aircrafts registered in India wherever they are. The bill has defined a person as an individual / company/ firm / trust / association or any artificial juridical person.

Penal Provisions

As per the draft bill, acquisition of such data without license would be illegal and would result in a fine in range of Rs. 1 crore to Rs. 100 Crore and /or imprisonment for a period up to seven years.

Further, illegal dissemination, publication or distribution of geospatial information of India would result in a fine between Rs. 10 lakhs and Rs. 100 crore and/or imprisonment for a period up to seven years. Use of geospatial information of India outside India would result in a fine ranging from Rs. 1 crore to Rs. 100 crore and/or imprisonment for a period up to seven years.

Who will be impacted?

Such a bill becoming law will affect every one of us, every business and every such entity which uses, creates, stores, sells, and purchases the data related to maps. The bill will not only affect companies like Google who have mapping tools like Google Maps, but also bring into its ambit other companies using maps for professional purposes like taxi-hailing services Ola, Uber; travel companies; WhatsApp (allows users to share location with friends); ecommerce delivery service providers and many others. It also includes anyone with a GPS-enabled smartphone as well as users of smartphones and laptops with in-built GPS.  In today’s world, every individual is technologically enabled and geospatial information hold important for each of us. Therefore, this bill if taken forward is going to affect every entity very closely.

Questions & Answers

What is the “security, sovereignty and integrity of India” angle to this bill?

The objective of this bill is 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. The need appears because there have instances where certain news/ social networking sites / search engines have showed Jammu and Kashmir and Arunachal Pradesh as part of Pakistan and China respectively. Also though India is technologically sound, there is lack of technical skills amongst the workforce which is affecting the country’s security. Position, navigation and timing services are essential requirements of the day but at the same time there can be compromise on national security, integrity and sovereignty. Therefore, a bill of this sort was a proposed.

This apart, tools such as Google maps show defence installations, giving easy and remote access to location information to terrorists. Thus, there was a need to regulate mapping of such important / strategic areas in the interest of national security.

What are various laws and policies that regulate mapping in India currently? Do any of them address anti-national depiction of Indian Territory?

Currently, mapping in India is regulated under (1) National Map Policy, 2005 and its related guidelines issued by Survey of India. (2) Remote Sensing Data Policy, 2011 for regulation of satellite based mapping. (3) Civil Aviation Requirement, 2012 {it regulates mapping and photography by aircrafts, UAVs and drones}.

However, none of them discusses /focuses the protection of sovereignty and integrity of India. Currently, the laws which can curb the anti-national depiction of Indian Territory include Section 69 of IT Act, 2000; Official Secrets Act, 1923 {this law restricts collection and sharing of information about prohibited places}, Customs Act, 1962 {this law prohibits export and import of certain maps} and the Criminal Law Act.

Despite the fact that there is a need to ensure that the foreign map providers correctly depict Indian boundaries, why this bill is being opposed?

The bill requires all entities to use and display correct boundaries of the country. However, it also provides for licensing all persons and entities who create, collect, analyze and disperse Geospatial data. It also provides for a bureaucratic authority to grant license. This generates a fear of license raj. The bill has not discussed defence installations or other security related areas; but has includes all kinds of maps including street maps to weather maps. This is how it may create problems for every person. Another angle to same concern is that many websites collect geospatial data from us on daily basis. This can be used to conduct surveillance and individually monitor any of us. However, this is the peril of the digital age; and we don’t know whether these companies {Google, Facebook, whatsapp} would use the information responsibly. Thus, search for privacy must be continued.

What the critics say about the bill?

Critics say that the government has embarked on a journey without maps, which will rapidly become directionless. They slam the bill for various reasons. Firstly, it may be highly impractical for each smartphone user to get a licence. Secondly, it will see all business dependent on real-time navigation as illegal. Thirdly, larger companies have money to go through security vetting, but upstarts may not have it so easy. Fourthly, bill goes against some of the ongoing projects like smart cities, which plan to harness geospatial information for smooth functioning. In summary, they argue that government is overreaching and going back to the permit-raj style of government.

Why is there uproar over Geospatial Information Bill by Pakistan?

Pakistan observes the official map of India depicting the disputed territory of Jammu and Kashmir as part of India to be factually incorrect and legally untenable. It has called upon the United Nations to ask India to stop such acts as they are in violation of international laws.