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Critical Severity

Undefined "Critical Database" Power Chills Innovation

The Minister can unilaterally declare any class of information "critical" based on vague criteria like "economic and social well-being" - potentially capturing customer databases, analytics platforms, fintech systems, or health records. This creates severe regulatory uncertainty that deters investment in data-driven businesses, as companies cannot predict what databases might be designated "critical" and subjected to registration requirements under 51. Unlike 48 which specifies concrete categories, this provision provides no limiting principles and concentrates both rule-making and enforcement power in the Minister without parliamentary oversight or stakeholder consultation.