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

“But for Nehru’s non-alignment, India would’ve been where China is today”

Dark Secrets: Politics, Intrigue and Proxy Wars in Kashmir By Iqbal Chand Malhotra Bloomsbury, 277 pages With his latest work, ‘Dark Secrets’, scholar and media personality Iqbal Chand Malhotra continues the investigation he began with

Maharashtra schools to reopen on January 24

Maharashtra has announced the reopening of schools for classes 1-12 from January 24 with Covid protocols. Education minister Varsha Gaikwad said on Thursday that the government will reopen schools for classes 1-12th with Covid protocols from January 24. “We have also decided to open p

No irregularly in appointment of engineer: BMC counters BJP MLA

The BrihanMumbai municipal corporation (BMC) has rejected BJP MLA Ameet Satam’s demand in a letter to BMC commissioner Iqbal Chahal to cancel the appointment of Sunil Rathod, deputy chief engineer, building and proposal department, western suburbs, for getting caught red-handed accepting bribe by ACB

Cast your vote, not vote for caste

Once the schedule for the next assembly elections has been announced, there is a flurry of activity around building caste coalitions. This is more intense in the most populous state,  Uttar Pradesh, which is the most important state in India in any election, in view of its large population estimated a

Maharashtra cities dominate Smart Cities Mission #Streets4People Challenge

In a competition organised by the Ministry of Housing and Urban Affairs (MoHUA), Pune, Pimpri-Chinchwad, Nagpur and Aurangabad from Maharashtra are among the 11 cities selected for scaling up their pilot projects and creating permanent public infrastructure. #Streets4People Challenge was org

CNC, Admiral R Hari Kumar condoles deaths of three navy personnel

The three Navy personnel who succumbed to injuries caused by an explosion on board Indian Navy`s destroyer ship INS Ranvir have been identified as Krishan Kumar MCPO (master petty chief officer)I, Surinder Kumar MCPO II & AK Singh MCPO II. In a condolence message, Admiral R Hari Kumar s

Visionary Talk: Farmer`s Agitation, Rakesh Tikait with Kailashnath Adhikari


Archives

Current Issue

Opinion

Facebook    Twitter    Google Plus    Linkedin    Subscribe Newsletter

Twitter