Cyber Data Privacy in Peril

Context: WhatsApp’s unilateral amendment of its privacy policy and irreversible process of evolving New Cyber World Order (as a result of Covid-19) has brought forward the need for cyber data privacy protection.

Factors Supporting Need for Strong Cyber Data Privacy in India

• Rising share of Indians in cyber data space: India’s 700 million Internet users in 2020 are projected to grow to over 974 million users by 2025. (India was ranked second, only after China)
• Policy vacuum on cyber data privacy protection: India does not have any dedicated law on privacy despite recognition of the right to privacy under Article 21 in (Justice Puttaswamy vs Union of India)
  • Issues Information Technology (IT) Act, 2000: While Section 66E makes individual privacy (broadcasting image of a private area) a punishable offence. It has the following issues
    • The Act is not a privacy-centric legislation
    • The Act does not deal specifically with the issue of data privacy.
  • Personal Data Protection Bill, 2019 expected to provide remedies for generators of cyber data is still pending.
  • Outdated nature of Indian cyber law: not been amended since 2008.

Way Forward:

• Rebooting the legal approach to intermediary liability: Taking a cue from the US, which has already initiated a process of revisiting Section 230 of the Communication Decency Act.
• Strengthen legal frameworks to protect the interest of its users: under Section 87 of the IT Act to protect the users of the various services of intermediaries and data service providers.

Conclusion:  Protection of cyber sovereign interests has a direct connection with the protection of data and the continuing expansion of Indian data sovereignty, in the New Cyber World Order.