The concern for privacy and data protection stand at the helm of debates revolving around digitization. A thorough understanding of terms such as Data Protection, Personal Data, Privacy, Personal Data Protection Bill, and Data Localisation is critical to comprehend these discussions.
Recent Supreme Court Verdict on WhatsApp-Meta Case
In recent news, the Supreme Court denies WhatsApp-Meta’s appeals against a probe by the Competition Commission of India (CCI) into their 2021 privacy policy. The companies argued that the anti-trust watchdog does not have the authority to investigate the privacy policy as it has been put on hold until a revised data protection bill is introduced. But the CCI, an independent authority set up to look into any violations of the Competition Act of 2002, does not let this deter its investigation and alleged violation checks.
Issues with WhatsApp’s Privacy Policy
WhatsApp’s data collection policy, which includes sharing details like mobile phone number, user activity, and other fundamental WhatsApp account information with Facebook, has raised eyebrows. It poses as the data owner rather than a mediator by choosing to share commercial user data with Facebook. This action effectively removes the choice users had to refrain from sharing their data with other Facebook-owned and third-party applications. Further, this policy stands in contradiction to the principles outlined in the Srikrishna Committee report, the foundation of the Data Protection Bill 2019, such as the principle of Data Localisation.
The Personal Data Protection Bill
Introduced on December 11, 2019, by the Minister of Electronics and Information Technology, the Personal Data Protection Bill aimed to regulate the movement, collection, and processing of personal data. However, this ‘Privacy Bill’ was later withdrawn due to concerns from technology companies and the public.
Understanding the Right to Privacy
The Supreme Court described privacy as synonymous with the right to be left alone in the landmark K.S. Puttaswamy v. Union of India decision in 2017. It stated that the Right to Privacy is a fundamental and inherent right that covers all information about a person and their choices. This right is protected under Article 21 and corresponding freedoms guaranteed by Part III of the Constitution.
Government Initiatives for Privacy Protection
The Government has made several steps towards ensuring privacy protection, including setting up expert committees on data protection such as the B N Srikrishna Committee. The Information Technology Act, 2000 also plays a crucial role in safeguarding against breaches in relation to data from computer systems.
The Role of Competition Commission of India (CCI)
The Government of India established the CCI in March 2009 under the Competition Act, 2002. Its primary pursuits include combatting anti-competitive agreements, abuse of dominance, and combinations. The main aim is to eliminate practices having adverse effects on competition, promote and sustain competition, protect consumer interests, and ensure freedom of trade in Indian markets.
Conclusion: Towards a Robust Data Protection Framework
As India steers toward a robust data protection framework, each stakeholder’s role, from technology giants like WhatsApp and Meta to regulatory bodies like the CCI, becomes more significant. The ultimate aim remains to create a balance where data protection and privacy rights are preserved without stifling technological advancements.
