You can't use an old map to explore a new world.
-- Albert Einstein
What the late Nobel laurate and physicist said about maps, could not have been more apt in a digitally interconnected world.
Unlike the past, when maps were used mostly by explorers, navigators and Colony seeking adventurers, to find their way, today almost everyone is walking with a map in their pocket, ready to be accessed, any time, any where.
The use and purpose of digital maps have gone beyond just taking us to our desired destination. Representing geospatial data, accurately in maps, is now, a sensitive subject.
Many multinational companies, in the past have been put on notice, by governments, for depicting the political map of their respective countries, incorrectly.
The objective behind India's new policy guidelines for the geospatial sector, released by the Union Ministry of Science and Technology, earlier this year (15/02/2021), is to replace the archaic laws in the technologically advanced world we live in today. The guidelines are aimed at liberalising geospatial data and services by getting rid of archaic policies that have roots in the Colonial past.
The new guidelines in its preamble candidly acknowledges that "a lot of geospatial data that used to be in restricted zone are freely and commonly available now and some of the policies/guidelines that used to regulate such information have been rendered obsolete and redundant. What is readily available globally does not need to be regulated."
The Guidelines shall help to boost the Blue Economy of the country, which covers fisheries, deep sea mining, and offshore oil and gas sectors since Geospatial Data would be crucial for attainment of a flourishing and vibrant blue economy for the country.
The Colonial era geospatial policy required a person/entity to obtain prior approval for conducting surveys , and also for collecting, storing, using, selling and disseminating geo-spatial data.
Private companies had to go through an intricate system of approvals from different government departments, including defence and home ministries, making the entire process cumbersome. The old policy looked at geospatial data as sacred and therefore enforced strict restrictions to protect internal security.
The new guidelines will do away with the need for prior approval, security clearance, licence or any other restrictions on the collection, generation, preparation, dissemination, storage, publication, updation and/or digitisation of geospatial data and maps within the Indian territory..
The guidelines will give more rights to an Indian entity vis-à-vis foreign companies and also clears the ambiguity created by earlier policies concerning geospatial sector. .
The new guidelines restrict terrestrial mapping and surveying only to Indian entities—both public and private. The data generated also needs to be owned and stored in India. Foreign entities are given permission to license it.
The new guidelines define Indian Entity in Clause 7(f) as "Any Indian citizen, Government entities, Societies registered under applicable statutes, statutory bodies, Autonomous Institutions of the Government, or any Indian company or Indian LLP owned by resident Indian citizens or any Indian company or Indian LLP controlled by resident Indian citizens (as defined in the Explanation to Rule 23 of the Foreign Exchange Management (Non-Debt Instrument) Rules, 2019)."
The new guidelines, among other things, empower Indian entities in the following manner:
i. Indian entities, whether in government or outside, will be free to acquire, collect, generate, prepare, disseminate, store, share, publish, distribute, update, digitize and/or create geospatial data, including maps, of any spatial accuracy within the territory of India including underwater within its territorial waters by using any geospatial Technology, subject to regulations on attributes in the negative lists.
ii. Ground truthing/verification, access to Indian ground stations and augmentation services for real time positioning (Continuously Operating Reference Stations (CORS), etc) and their data shall be made available without any restrictions and with the ease of access to Indian entities only.
iii. Terrestrial mobile mapping survey, street view survey and surveying in Indian territorial waters shall be permitted only for Indian entities irrespective of accuracy.
iv. Maps/ geospatial data of spatial accuracy/value finer than the threshold value can only be created and/or owned by Indian entities and must be stored and processed in India.
v. Foreign companies and foreign owned or controlled Indian companies can license from Indian entities digital maps/ geospatial data of spatial accuracy/value finer than the threshold value only for the purpose of serving their customers in India. Access to such maps/ geospatial data shall only be made available through APIs that do not allow maps/ geospatial Data to pass through licensee company or its servers. Re-use or resale of such map data by licensees shall be prohibited.
vi. There shall be no restriction on export of maps/ geospatial data of spatial accuracy/value up to the threshold value except for attributes in the negative lists. Department of Revenue, Government of India will make necessary amendments in GSR in this regard
Negative List Of Sensitive Attributes
The Negative list of sensitive attributes will include attributes that shall not be marked on any Map i.e. no person or legal entity shall identify or associate any location on a Map with a prohibited attribute. The new guidelines will notify a negative list of sensitive attributes as decided by the Department of Science and Technology that would require regulation before anyone can acquire and/or use such data in its maps. The negative lists will be minimalistic so that vast areas can be mapped in order to boost the ease of doing business.
The guidelines also calls for the setting up of a 'Geospatial Data Promotion and Development Committee' with representatives from relevant government departments who will decide on any issues arising out of finalisation of negative attributes lists and the corresponding regulations proposed on those attributes.
The committee's mandate will also include promotion of activities related to collection, generation, preparation, dissemination, storage, publication, updation and/or digitisation of geospatial data.
Political Maps
As far as political maps are concerned, the guidelines state the need for adhering to the Survey of India (SOI) maps or SOI digital boundary data as standards to be used and referred to.
These maps, depicting, national, state and other boundaries, will made available for free downloads and their digital display and printing, permitted..
Violation
The 2021 guidelines state that any violation of rules shall be dealt with by applicable laws. This broadly means a person/entity needs to comply with the following acts (mentioned in Annexure VI of Draft National Geospatial Policy (NGP)):
- Indian Penal Code
- IT Act 2000 as amended from time to time
- GSR 1222 [No.227-CUSTOMS/F. No. 405/3/80-CUS.III.] export of maps prohibition dated 29.11.1980
- Companies Act 2013
- Civil Aviation Requirements (CAR), DGCA dated 27.08.2018
- The Criminal Law Amendment (Amending) Act 1990 regarding wrong depiction of maps
Conclusion
Overall, the objective of the 2021 guidelines is to remove red-tapism around the collection and use of geospatial data. The guidelines recognise the fact that geospatial data is crucial for the attainment of a flourishing and vibrant economy for the country and allows active participation of the private sector apart from traditional agencies like the Survey of India and defence sector.
By having a forthright policy, the government is incentivising private players to enter the geospatial space. This can pave the way for greater public-private collaboration and under the larger vision of Atmanirbhar Bharat (self-reliant India).
We agree with the preamble of the guidelines when it state that "Locally available and locally relevant maps and geospatial data would also help in improved planning and management of resources and better serve the specific needs of the Indian population".
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