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
January 7,2020

New Delhi, Jan 7: The Delhi Police has filed an FIR against JNUSU president Aishe Ghosh and 19 others for allegedly attacking security guards and vandalising the server room of the Jawaharlal Nehru University (JNU) on January 4.

The police registered the FIR on January 5.

In the complaint filed by the JNU administration, the University alleged that the accused were involved in physical violence and pushed the women guards, verbally abused them and threatened them of dire consequences if they opened the lock of university's communication and information (CIS) office.

"They illegally trespassed the University property with the criminal intention to damage the public property. They damaged servers and made it dysfunctional. They also damaged fiber optic power supplies and broke the biometric systems inside the room," the University officials alleged.

This incident allegedly occurred a day before Aishe Ghosh, other JNU students and teachers were attacked by a masked mob inside the campus.

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News Network
April 23,2020

Washington, Apr 23: Air pollution over northern India has plummeted to a 20-year-low for this time of the year, according to satellite data published by US space agency National Aeronautics and Space Administration (NASA).
The US space agency's satellite sensors observed aerosol levels at a 20-year low post the countrywide lockdown, implemented to slow the spread of the novel coronavirus.

"We knew we would see changes in atmospheric composition in many places during the lockdown," said Pawan Gupta, a Universities Space Research Association (USRA) scientist at NASA''s Marshall Space Flight Center. "But I have never seen aerosol values so low in the Indo-Gangetic Plain at this time of year," added Mr Gupta.

Acting Assistant Secretary of State for South and Central Asia Alice G Wells tweeted, "These images from NASA were taken each spring starting in 2016 and show a 20-year low in airborne particle levels over India. When India and the world are ready to work and travel again, let's not forget that collaborative action can result in cleaner air."

The data published with maps show aerosol optical depth (AOD) in 2020 compared to the average for 2016-2019. Aerosol optical depth is a measure of how light is absorbed or reflected by airborne particles as it travels through the atmosphere.

If aerosols are concentrated near the surface, an optical depth of 1 or above indicates very hazy conditions. An optical depth, or thickness, of less than 0.1 over the entire atmospheric vertical column is considered "clean." The data were retrieved by the Moderate Resolution Imaging Spectroradiometer (MODIS) on NASA's Terra satellite.

In the first few days of the lockdown, it was difficult to observe a change in the pollution signature. "We saw an aerosol decrease in the first week of the shutdown, but that was due to a combination of rain and the lockdown," said Mr Gupta.

Around March 27, heavy rain poured over vast areas of northern India and helped clear the air of aerosols. Aerosol concentrations usually increase again after such heavy precipitation.

"After the rainfall, I was really impressed that aerosol levels did not go up and return to normal. We saw a gradual decrease and things have been staying at the level we might expect without anthropogenic emissions," Mr Gupta said.

On March 25, the Indian government placed its 1.3 billion citizens under a strict lockdown to reduce the spread of COVID-19. The countrywide mandate decreased activity at factories and severely reduced car, bus, truck and airplane traffic. Every year, aerosols from anthropogenic (human-made) sources contribute to unhealthy levels of air pollution in many Indian cities.

Aerosols are tiny solid and liquid particles suspended in the air that reduce visibility and can damage the human lungs and heart.

In southern India though, the story is a little hazier. Satellite data show aerosol levels have not yet decreased to the same extent. In fact, levels seem to be slightly higher than in the past four years. The reasons are unclear but could be related to recent weather patterns, agricultural fires, winds or other factors.

"This a model scientific experiment," Robert Levy, program leader for NASA's MODIS aerosol products, said about the lockdown and its effects on pollution.

"We have a unique opportunity to learn how the atmosphere reacts to sharp and sudden reductions in emissions from certain sectors. This can help us separate how natural and human sources of aerosols affect the atmosphere," Mr Levy added.

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News Network
April 5,2020

Alappuzha, Apr 5: Coming to the rescue of a toddler in need of crucial treatment for cancer, the Kerala health department scrambled its resources for transporting a toddler from here to Hyderabad on Sunday.

In a co-ordinated action, the department arranged for an ambulance and necessary travel permits for the nearly 16-hour 1,100 km inter-state journey that started at 7.15 am from Cherthala in this district with the entire cost to be borne by the state government.

Health Minister K K Shailaja on Saturday said all steps have been taken to facilitate the travel of the toddler and her family members to Hyderabad after local media reports highlighted the plight of the child.

The state Chief Secretary had discussed the matter with his counterparts of other states en route to ensure a smooth journey,the Health Ministry said.

"The travel permit and directions to other states through which the ambulance has to pass were issued from the police headquarters. All district police chiefs were given instructions from the headquarters to arrange for passage of the ambulance," it said in a release.

The journey started at 7.15 am and they are expected to reach Hyderabad at 11 pm.

"The state government will bear the expenses incurred for the journey. The ambulance will remain in Hyderabad and will return with the family," it said.

The first phase of treatment was done at the L V Prasad Hospital in Hyderabad and the family was supposed to travel again within 21 days for the next phase of treatment.

As the family could not undertake the journey in view of the nation-wide lockdown to check coronavirus scare, the state government swung into action to help the child.

The number of confirmed novel coronavirus cases in the country climbed to 3,374 on Sunday while the death toll rose to 77, according to Union Health Ministry data.

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