Trigger Appy but What about Data

Context: Although India’s announcement of a ban on Chinese applications aligns with the provisions of the Information Technology Act (ITA), 2000, certain legal challenges still stand.

Arguments in favour of the ban

• Data security and privacy: stealing and surreptitiously transmitting Indian user data to servers outside India. 
• Impinges on Sovereignty and integrity: due to compilation and profiling of data ‘by elements hostile to national security and defense of India.

Legal Challenge to the Ban 

• Grounds for blocking orders: Data security and privacy are not the grounds for blocking 

• In absence of data protection law is illegitimate hence, the government needs to elaborate as to how data security breach hurts Indian sovereignty.

• Violates right to life, liberty, and information:

• Rule 16 of the blocking rules allows GoI to keep blocking orders confidential, even from the person whose content is blocked.

• SC has stressed on the importance of making blocking orders public that affects lives, liberty and property of people.
• Banned apps like Tik Tok were an avenue for expression and even a source of income.

• Violation of right to equality: of Chinese apps, as they are not the only to operate in India, and neither are they the only ones that may have questionable data practices.

Conclusion: India is in the dire need for a data protection law for countering the legal challenges posed by foreign apps and for preserving its sovereignty and security.