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

Dharmendra Pradhan tenders resignation

Dharmendra Pradhan, education minister at the centre of the storm of the NEET paper leak, offered his resignation to the prime minister on Saturday.   He posted a two-page letter on X, saying he was pained by the events of the last ten days. "This is not a matter of personal

Cabinet approves scheme of chemical parks

The union cabinet chaired by the PM has approved Bharat Audyogik Vikas Yojana Rasayan or BHAVYA - Rasayan Scheme for establishing three dedicated Chemical Parks in the country. The Scheme was announced in the Union Budget of FY 2026–27.   The Scheme will have a total financ

Anurag Jain, IAS appointed as Chief Executive Officer, NITI Aayog

 Anurag Jain, a 1989-batch IAS officer of the Madhya Pradesh cadre, has been appointed as the Chief Executive Officer (CEO) of NITI Aayog for a two-year term after serving as the Chief Secretary of Madhya Pradesh. A distinguished administrator with extensive experience in infrastructure, industrial de

Shri Ashok Barnwal, IAS has been appointed as the Chief Secretary of Madhya Pradesh

 Ashok Barnwal, a 1991-batch IAS officer of the Madhya Pradesh cadre, has been appointed as the Chief Secretary of Madhya Pradesh, succeeding Anurag Jain following his appointment as CEO of NITI Aayog. Prior to assuming the state`s top bureaucratic position, Barnwal served as Additional Chief Secretar

PM announces fast-track courts for paper leak cases

Prime minister Narendra Modi on Thursday stated that the government has decided to set up fast-track courts to ensure swift and stringent punishment for those involved in paper leaks. Emphasising that nothing is more important than the welfare and future of the youth, he noted that h

Making India’s textile & apparel sector sustainable

India’s textile and apparel sector sits at the heart of the economy but is constrained by traditional manufacturing approach. It contributes close to 2% of GDP and around 11% of manufacturing gross value added, with GDP share expected to reach 5% by the end of the decade. The sector employs around 45

Upcoming Conferences





Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter