SC issues notice to Govt, TRAI, Facebook, WhatsApp over data privacy

India does not have a clear law on data privacy, say experts

GN Bureau | January 16, 2017


#Facebook   #TRAI   #government   #Delhi high court   #Supreme court   #WhatsApp  

The supreme court on Monday has issued notice to the government, telecom regulatory authority of India (TRAI), WhatsApp and Facebook regarding data privacy.

The issue was first taken up by the Delhi high court last year, based on a PIL filed by two law students, Karmanya Singh Sareen and Shreya Sethi. The petitioners have challenged WhatsApp privacy policy 2016 for sharing users’ information with Facebook. The petitioner claimed that changing policy without informing users is fundamentally violating their right guaranteed under Article 21 of the constitution of India.

The high court, on September 23, had delivered its judgment on the case by directing WhatsApp, a USA-based company, to entirely delete details and data of users who have deactivated their account before September 25. The judgment also directed the internet-based messaging platform to delete data, information and details up to September 25 of even those users who continue to be part of the platform.

This means that users who continue to be on WhatsApp, their data and details generated after September 25 will be with WhatsApp, owned by Facebook. The information is getting transferred to the company’s server which is located in USA.

“There is no actual way of finding out whether WhatsApp has followed the judgment or not. Thereafter the judgment, in Germany, UK and all across Europe, Facebook has been ordered not to collect data and share it. So we then filed another petition with the supreme court, asking if other countries are taking measures on data privacy, then why not us,” said one of the advocates associated with the case.

The supreme court has sought response by February 6.

WhatsApp currently has over one billion monthly active users globally. In India, over 70 million people use the messaging service. In 2014, social media website Facebook bought WhatsApp for $19 billion. Both the companies are USA-based. After their merger, WhatsApp in its new privacy policy announced that it will share information of its users with Facebook.

So, does India have any clear laws governing data protection or privacy?

India has Information Technology Act, 2000 that provides legal recognition to data and information carried by the means of electronic platform. However, the Act is not effective when it comes to data privacy.

“India does not have a dedicated law on privacy. The Information Technology Act, 2000 hardly has effective provisions to protect any data and personal privacy in the digital ecosystem. The Indian Government needs to come up with strong privacy law which can protect both personal privacy and data privacy in an effective manner,” writes Pavan Duggal, supreme court advocate and an expert on cyber law, at Firstpost.

Comments

 

Other News

BJP does well in Gujarat, show exit polls

BJP is all set to retain Gujarat, indicated one exit poll. Another exit poll, however, showed a tough fight in at least one region. Aaj Tak exit poll showed that BJP will win 99 – 113 seats, getting a majority in the 182 member assembly. The Congress will get 68 – 82 seats, falli

GSL delivers fuel barge to Indian navy

Goa shipyard Limited (GSL) has delivered the second fuel barge to Indian Navy on December 2, 33 days ahead of contractual delivery schedule, and recently got inducted into the Navy. Navy was in the need of self-propelled 1000Ton fuel barges, with a view to fuel big ships like INS Vikramadity

HAL units can’t be allowed to be idle: Bhamre

 Minister of state for defence Subhash Bhamre has assured Hindustan Aeronautics Ltd (HAL) that work load for its Nashik unit will continue to flow even after Su-MKI manufacturing and production activities conclude in the next few years.  “HAL has the world class facilities and giv

INS Kalvari dedicated to the nation by PM

 Naval submarine INS Kalvari was dedicated to the nation by prime minister Narendra Modi on Thursday in Mumbai. INS Kalvari is a diesel-electric attack submarine built by the Mazagon Dock Shipbuilders Ltd for the Indian Navy. As per the plan, five more such submarines would be inducted into

Gujarat decides

People queued up since early morning to cast their ballot to decide the political fate of 851 candidates in the second and final phase of the bitterly fought Gujarat assembly elections. The votes in all the 182 seats will be counted on December 18. Over 22 million people are eligible to cast

Delhi’s air pollution answer may lie in distant Iceland

Had the situation not been so desperate, then the AAP government’s proposal to sprinkle water from helicopters would have been considered hare-brained. But, a more practical solution to tackling air pollution may well be around the corner and it lies in the success of a pilot project in Iceland.



Video

Current Issue

Opinion

Facebook    Twitter    Google Plus    Linkedin    Subscribe Newsletter

Twitter