- No sooner WhatsApp rather brusquely announced proposed change in terms of service and privacy policy, there was a tsunami of complaints, questions, trepidations, and incredulity expressed by the humongous users in the country including individual(s) as well as corporates against the technology behemoth for taking a unilateral decision not serving the best interests here. Of course, the government duly stepped in to demand an end to WhatsApp’s proposed changes for the Indian users in the country. Needless to mention, the unfolding event vis-à-vis private policy matter should serve as a wake-up call to counter/preempt similar attempts henceforth.
PC: CHAKRI K
- As the country went into strict lockdowns, Indians left with an alluring option of embracing the digital technology willingly plunged into the medium that saw an explosion of digitization with the pandemic adding much-desired momentum. Reports suggest there were over 500 million internet users in India last year, and rest assured, the number would have considerably gone up since then. Though this growth signifies more and more patrons welcoming the tremendous technological evolution provisioning every information/entertainment digitally and in real-time, it is pertinent to note the absence of a coherent legislative framework to govern data usage and safeguard privacy.
- Such a framework was upheld as a fundamental right by the Supreme Court judgment in 2017. Taking a cue from the constitutional authority, the Union Government tabled a Personal Data Protection Bill in Parliament in December 2019 which is currently under scrutiny by a parliamentary standing committee expected to submit its report soon. Delving further deep into the issue, it is revealed that the most comprehensive data protection legislation around is the European Union’s General Data Protection Regulation (GDPR) placing greater emphasis on core principles viz. purpose limitation, storage limitation, and accountability in the use of data.
PC:
- In comparison, India’s proposed bill concurs exemption for government agencies from its provisions on the abovementioned core principles is not only too loose but also is all-encompassing serving little purpose. There is a case for wording the provisions with compactness essential to safeguard against possible abuse. Since we are already late in legislating, the parliamentary committee could well recommend measures to include emerging concerns before the legislation takes final shape to emerge as a law. One need not look far to comprehend salient features of the digital economy which are extreme returns to scale, network effects, and data.
- As is widely reported, monopolization of digital media is witnessing never seen before advancements and there are efforts from few countries like Australia to ensure fair competition vis-à-vis print media concerning revenue generation/sharing. Thus, it makes sense for the Parliament to consider incorporating this aspect as well alongside personal data protection to seamlessly merge into a comprehensive regulatory mechanism against monopolistic moves. Any further delay will be detrimental to our interests.
