WhatsApp case proves India needs strong data protection law says Expert

Agencies
June 28, 2019

New Delhi, Jun 28: As the Indian government steps up the pressure on Internet and social media giants to store consumers' data locally -- especially the payments-related data -- the road ahead is not easy for over one billion citizens as Internet giants have lobbied against the data protection law in the country for long, says the man who has taken the Facebook-owned WhatsApp to the court.

Reacting to an ET report that WhatsApp has set up data storage facilities in India for its soon-to-be-launched Payments service, advocate Virag Gupta said on Thursday that the truth would only come out on July 17 when the Supreme Court takes up the next hearing in the NGO's plea against WhatsApp.

"I do not know whether there is any truth here. Internet giants have lobbied against data protection laws for long. Right noises are also being made at the G-20 and World Economic Forum but why should the sovereign Parliament wait? India should promptly enact data protection law and notify IT Intermediary Rules," Gupta said.

"In addition, Internet giants ought to comply with the Indian laws, including the appointment of Grievance Officer in India and data localisation," added Gupta who represents Centre for Accountability and Systemic Change (CASC) which says WhatsApp has not complied with the Reserve Bank of India's (RBI) circular on data localisation norms.

In the last hearing on May 3, WhatsApp told the Supreme Court that the company is conducting a trial run of its payment service and will fully comply with the RBI norms on data localisation.

WhatsApp conducted the Payments trial last year with almost 1 million people to send money to each other in a simple and secure way.

"In response to India's payments data circular, we've built a system that stores payments-related data locally in India," a WhatsApp spokesperson had earlier told IANS.

With over 200 million users, India is the largest market for WhatsApp.

"WhatsApp payment is useful for people in their daily lives and we hope to expand the feature to all of India soon so we can contribute to the country's financial inclusion goals," the spokesperson added.

According to Gupta who represented RSS ideologue KN Govindacharya before the Delhi High Court in 2012, Internet companies make huge money out of selling consumers' data.

"Sadly, few Indians are concerned over data misuse. Overall, data is the new oil wherein India despite its biggest user base, hardly gets any value out of it. This is primarily because the internet giants are not taxed properly in India," said Gupta who has just released a new book titled "Taxing Internet Giants: American Companies & Data Protection in India".

"The top 15 Internet companies alone have amassed a value of over Rs 20 lakh crore due to their Indian users. The companies' value could be a major chunk of the Indian economy but is serving no purpose to Indians," he lamented.

On June 14, Union IT Minister Ravi Shankar Prasad said that the Ministry of Electronics and Information Technology (MeiTy) has finalised the much-anticipated Personal Data Protection Bill and the next required step is a Cabinet approval before the Bill goes to the Parliament.

"We have finalised the data protection law. I will take it to the Cabinet. We have had 3-4 rounds of consultation," Prasad said while addressing the CII's National Council meeting in the Capital.

Emphasising on data security and the country's hold over its data, the Minister said: "India will uphold its data sovereignty. It will not be negotiable. India is a huge country producing a lot of data."

With the government saying it will not relax the Reserve Bank of India's (RBI) norms for data localisation, the road ahead has become tough for global digital payment providers who have sought more time to comply with the guidelines.

The RBI guidelines say that all digital payment firms like Google Pay, WhatsApp and others must store data locally for their businesses.

"The entire payment data shall be stored in systems located only in India. The data should include end-to-end transaction details and information pertaining to payment or settlement transaction that is gathered / transmitted/processed as part of a payment message/instruction," say RBI guidelines.

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News Network
April 5,2020

New Delhi, April 5: The number of coronavirus cases in India has surged past 3500 with 505 new cases in the last 24 hours from across the country.

According to the Union Ministry of Health and Family Welfare, the total number of COVID-19 positive cases in the country has gone up to 3,577 as on Sunday. So far, 83 people have died of the coronavirus.

Among States, the tally in Maharashtra stood at 690. According to Maharashtra Health Minister Rajesh Tope, till now Mumbai has reported 29 positive cases, Pune 17, PCMC 4, Ahmednagar 3, Aurangabad 2 among others.

Here are the top developments of the day related to the pandemic.

1) Four new COVID-19 positive cases reported in Uttarakhand today, taking the total number of positive cases in the State to 26. Four persons have been treated and discharged till date, according to the Directorate of Health Services, Uttarakhand.

2) Prime Minister Narendra Modi today called up two former Presidents -- Pranab Mukherjee and Pratibha Patil and had a discussion on COVID-19 related issues. He also called up two former Prime Ministers -- Manmohan Singh and HD Deve Gowda -- to discuss COVID-19 situation.

3) The Prime Minister also called up leaders of various political parties like Sonia Gandhi, Mulayam Singh Yadav, Akhilesh Yadav, Mamata Banerjee, Naveen Patnaik, K Chandrashekar Rao, MK Stalin, Parkash Singh Badal and Mayawati.

4) Total coronavirus positive cases rose to 68 in Punjab after three more cases were reported today --- one each in Ludhiana, SAS Nagar and Barnala. The person found positive in Ludhiana had attended the Tablighi Jamaat event in Delhi.

5) No evidence of COVID-19 being airborne yet, according to the Indian Council of Medical Research (ICMR).

7) With 14 new cases in Kashmir division, the total number of positive cases in Jammu and Kashmir now at 106. Active cases in Kashmir -- 82 and Jammu -- 18, said Rohit Kansal, Principal Secretary, Planning, UT of Jammu and Kashmir.

8) "There is an insufficiency of Personal Protective Equipment (PPE) kits and N95 masks. We are in touch with the Centre and other agencies for supply. Receiving 15,000 PPE kits today. Requested Centre for 5 lakh PPE kits received 4,000 only," said Bihar's Principal Secretary, Health, Sanjay Kumar.

9) The total number of positive cases in Indore, Madhya Pradesh, till now is 122 after 9 more positive cases were found today, according to Indore Chief Medical and Health Officer Dr Praveen Jadia.

10) Union Health Minister Dr Harsh Vardhan visits AIIMS dedicated centre for COVID19 in Jhajjar, Haryana. He said: "All 162 patients admitted here are in stable condition."

11) 86 COVID-19 positive cases reported in Tamil Nadu today out of which 85 had attended the Tableeghi Jamaat event at Markaz Nizamuddin, Delhi, according to Beela Rajesh Tamil Nadu Health Secretary. There are 571 COVID positive cases in Tamil Nadu out of which 522 cases are from the people who had attended the religious function in Delhi, she said.

12) The Congress party on Sunday posed nine questions to the Centre, demanding compensation to the family of those, who died after battling with the coronavirus.

13) 47 new coronavirus positive cases reported in Rajasthan today, taking the total number of positive cases in the state to 253.

14) 8 new COVID-19 cases reported in Kerala, which include 6 imports and 2 contact cases, said Chief Minister Pinarayi Vijayan.

15) "PPE kits are imported. So there was a shortage initially in the country but the government started taking action in this regard from January. Domestic manufacturers have started production. We have also started procuring PPE kits from other countries," said Lav Aggarwal, Joint Secy, Health Ministry. 

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News Network
June 19,2020

Jun 19: Ten Indian Army soldiers including four officers were released by the China’s People’s Liberation Army (PLA) on Friday capping three days of hard negotiations that followed the bloody battle at the eastern Ladakh’s Galwan valley on Monday.

The 10 jawans returned around 5.30 PM on Friday to Patrol Point 14 (PP-14) after Indian team leader Major Gen. Abhijit Bapat, the commanding officer of the Third Div made it clear to the Chinese that there couldn’t be any progress in the disengagement talks unless the soldiers were returned safely.

Asked to comment on the release of Indian soldiers, the Indian Army maintained silence. The force released a brief statement on Thursday stating that all its men were accounted for.

However, the extent of the brutal clash can be gauged from the fact that 76 Indian Army soldiers are still in the hospital out of which 58 soldiers have “minor injuries” and “should be back on duty within a week”, according to Army sources.

Return of the Indian soldiers has been the main point of negotiations for the last two days. The situation is now calmer at areas near PP-14 in the Galwan valley after the return of Indian soldiers even though large numbers of troops from both sides are still present in the area.

Meanwhile analysis of satellite images has revealed a large presence of Chinese troops in the northern banks of Pangong Tso, a disputed territory for years.

“In the past month, Chinese forces have become an overwhelming majority in the disputed areas (on the north bank of the 135 km long lake). Significant positions have been constructed between Fingers 4 and 5, including around 500 structures, fortified trenches and a new boat shed over 20 km further forward than previously. More structures appear to be under construction,” says a report published in the Strategist, the journal of the Australian Strategic Policy Institute.

“The scale and provocative nature of these new Chinese outposts is hard to overstate: 53 different forward positions have been built, including 19 that sit exactly on the ridge line separating Indian and Chinese patrols,” says the report, accompanied by satellite images showing overwhelming PLA presence.

The June 6 Corps Commander level meeting between the Indian and PLA armies did not result in a solution to the contentious muscle flexing by the Chinese on the shores of the Pangong lake. The meeting ended with the conclusion that more Lt Gen level talks between the two armies were needed to resolve such issues.

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News Network
April 27,2020

New Delhi, Apr 27: The number of COVID-19 cases climbed to 28,380 and the death toll due to it rose to 886 in the country on Monday, registering a record increase of 60 deaths in 24 hours, according to the Union Health Ministry.

There has been a spike of 1,463 cases since Sunday evening.

The number of active COVID-19 cases stood at 21,132, while 6,361 people have recovered, and one patient has migrated, the ministry said.

Thus, around 22.41 per cent of patients have recovered in the country so far.

The total number of cases includes 111 foreign nationals.

A total of 60 deaths were reported since Sunday evening, of which 19 fatalities were reported from Maharashtra, 18 from Gujarat, eight from Rajasthan, seven from Madhya Pradesh, two each from Karnataka, West Bengal and Uttar Pradesh, and one each from Punjab and Tamil Nadu.

Of the 886 deaths, Maharashtra tops the tally with 342 fatalities, followed by Gujarat at 151, Madhya Pradesh at 106, Delhi at 54, Rajasthan at 41, and Andhra Pradesh and Uttar Pradesh at 31 each.

The death toll reached 26 in Telangana, 24 in Tamil Nadu while West Bengal and Karnataka have reported 20 deaths each.

Punjab has registered 18 fatalities so far. The disease has claimed six lives in Jammu and Kashmir, four in Kerala while Jharkhand and Haryana have recorded three COVID-19 deaths each.

Bihar has reported two deaths, while Meghalaya, Himachal Pradesh, Odisha and Assam have reported one fatality each, according to the ministry data.

According to the Health Ministry data updated in the evening, the highest number of confirmed cases in the country are from Maharashtra at 8,068, followed by Gujarat at 3,301, Delhi at 2,918, Rajasthan at 2,185, Madhya Pradesh at 2,168, Uttar Pradesh at 1,955 and Tamil Nadu at 1,885.

The number of COVID-19 cases has gone up to 1,177 in Andhra Pradesh and 1,002 in Telangana.

The number of cases has risen to 649 in West Bengal, 523 in Jammu and Kashmir, 511 in Karnataka, 469 in Kerala, 313 in Punjab and 289 in Haryana.

Bihar has reported 277 novel coronavirus cases, while Odisha has 108 cases. Eighty-two people have been infected with the virus in Jharkhand and 51 in Uttarakhand.

Himachal Pradesh has 40 cases, Chhattisgarh has 37 and Assam has registered 36 infections each so far.

Andaman and Nicobar Islands has 33 COVID-19 cases while Chandigarh has 30 cases and Ladakh has reported 20 infections so far.

Meghalaya has reported 12 cases, Puducherry has eight cases while Goa has seven COVID-19 cases.

Manipur and Tripura have two cases each, while Mizoram and Arunachal Pradesh have reported a case each.

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