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
March 25,2020

New Delhi, Mar 25: The total number of positive coronavirus cases in India have climbed to 606, said Ministry of Health and Family Welfare on Wednesday.
The total number of active COVID-19 cases in the country so far stands at 553, while the number of people who have been cured or discharged stands at 42.
Ten people have died from the disease while one case has migrated, the Ministry further informed.
Meanwhile, Prime Minister Narendra Modi on Tuesday announced a 21-day lockdown in the entire country to deal with the spread of coronavirus, saying that "social distancing" is the only option to deal with the disease, which spreads rapidly.
In a televised address to the nation, Prime Minister Modi said that it is vital to break the chain of the disease and experts have said that at least 21 days are needed for it.

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News Network
February 21,2020

Washington, Feb 21: Days ahead of his India visit, US President Donald Trump on Thursday said the two countries could make a "tremendous" trade deal.

"We're going to India, and we may make a tremendous deal there," Trump said in his commencement address at the Hope for Prisoners Graduation Ceremony in Las Vegas.

Trump, accompanied by First Lady Melania Trump, is scheduled to travel to Ahmedabad, Agra and New Delhi on February 24 and 25.

Ahead of the visit, there have been talks about India and the United States agreeing on a trade package as a precursor to a major trade deal.

During his commencement address, Trump indicated that the talks on this might slowdown if he did not get a good deal.

"Maybe we'll slow down. We'll do it after the election. I think that could happen too. So, we'll see what happens," he said.

"But we're only making deals if they're good deals because we're putting America first. Whether people like it or not, we're putting America first," Trump said.

Bilateral India-US trade in goods and services is about three per cent of the US' world trade.

In a recent report, the Congressional Research Service (CRS) said the trading relationship is more consequential for India -- in 2018 the United States was its second largest goods export market (16.0 per cent share) after the European Union (EU, 17.8 per cent), and third largest goods import supplier (6.3 per cent) after China (14.6 per cent) and the EU 28 (10.2 per cent).

"The Trump Administration takes issue with the US trade deficit with India, and has criticised India for a range of 'unfair' trading practices," the CRS said.

"Indian Prime Minister Modi's first term fell short of many observers' expectations, as India did not move forward with anticipated market opening reforms, and instead increased tariffs and trade restrictions," it said.

"Modi's strong electoral mandate may embolden the Indian government to press ahead with its reform agenda with greater vigour. Slowing economic growth in India raises concerns about its business environment," CRS said.

As per a fact sheet issued by the Council on Foreign Relations (CFR), trade in goods and services between the two countries from 1999 to 2018 surged from $16 billion to $142 billion.

India is now the United States' eighth-largest trading partner in goods and services and is among the world's largest economies.

India's trade with the United States now resembles, in terms of volume, the US' trade with South Korea ($167 billion in 2018) or France ($129 billion), said Alyssa Ayres from CFR.

"The United States for two years now has set out in stone pretty clearly the things that they wanted to see to try to get an agreement, and it's basically then on India's doorstep on whether they want to take those steps," Rick Rossow, Wadhwani Chair in US-India Policy Studies at the Center for Strategic and International Studies think-tank told reporters during a conference call.

"The list of US asks has been pretty static all throughout. Not to say that any of these things are easy for India to do, but the United States to my knowledge didn't change the goalposts just because we now consider India to be a middle-income country. The things that we wanted to see happen to get this trade agreement have been pretty static all throughout, no matter how difficult they are," he said in response to a question.

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News Network
January 21,2020

Lucknow, Jan 21: Defending his brainchild, the Citizenship Amendment Act (CAA), Union home minister Amit Shah on Tuesday said the new law will not be scrapped despite the countrywide protests against it.

Addressing a rally here to drum up support for the CAA, Shah also declared that construction of a Ram temple "touching the skies" in Ayodhya will begin within three months.

He said there is no provision in the amended law for taking anyone's citizenship away. "A canard is being spread against the CAA by the Congress, SP, BSP, and Trinamool Congress. The CAA is a law to grant citizenship," he added.

"I want to say that irrespective of the protests this will not be withdrawn," he added.

Shah challenged Congress leaders to hold a discussion with him on CAA at a public forum.

He named Congress leader Rahul Gandhi, Samajwadi Party's Akhilesh Yadav, Bahujan Samaj Party's Mayawati and TMC chief Mamata Banerjee while throwing the "challenge".

Congress has become blind due to vote bank politics,"he said. He also blamed the Congress for Partition.

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