From Data to Dominion: The Case for Recognizing Non-Personal Data as a Sovereign Asset under India's IP and Data Governance Framework

Abstract

In the era of digitization, data has become a pillar of economic growth, innovation, and strategic governance. Whereas individual data protection has recently been attracting legislative interest in India, non-personal data (NPD)—anonymized, aggregated, or de-identified information—has so far largely gone unregulated. This paper argues that non-personal data is a precious sovereign asset that needs immediate recognition and protection under a sui generis legal paradigm. Basing its argument on the shortcomings of current intellectual property laws in capturing the complexity of NPD and its economic value, the paper calls for an Indian data governance architecture paradigm shift. This research work is crucial for the conventional IP regime, which emphasises on originality and authorship, unable to capture the collective and public interest inherent in community-created datasets. It also quests into the policy limitations in the existing Indian regulatory framework, such as the narrow reach of the Digital Personal Data Protection Act, 2023, and the non-binding nature of the MeitY Committee's Non-Personal Data Governance Framework. The research paper suggests a formulated regulatory structure that makes non-personal data a national public resource which might be turned into ecological data. By way of comparative examination of best practices in the world, especially the European Union and China, the paper makes reference to the strategic implications of data sovereignty in a geopolitically charged digital economy. It suggests ways by way of creation of national data agencies, public models of licensing, and data governmental organizations to guarantee equal access to all, ethical use, and mutual economic sharing of benefits.  By claiming India's sovereign right over non-personal data, this article makes a timely, well-supported case for reconfiguring the nexus of technology, intellectual property, and state responsibility—ultimately working to enable India's digital economy without compromising constitutional ideals or developmental justice.