Trai to frame norms on privacy, data ownership
As it looks to protect data rights of individuals, sectoral regulator Trai has come out with a consultation paper on privacy, security and ownership of data in the telecom sector.
The paper comes in the backdrop of the regulator’s ongoing tussle with Apple regarding its Do-Not-Disturb (DND) app, which is not being allowed on iOS platform. The app is available of Android.
The Telecom Regulatory Authority of India (Trai) through the paper plans to define personal data and who should have ownership and control when a customer uses telecom services. As per an official, it has been working on the paper for the past couple of months as there are no guidelines regarding the use of data by third-party entities and also who owns the data.
The Trai will come out with recommendations and in case of sovereign power, security and licensing issues, it will suggest to the Department of Telecommunications to take a call on the matter.
The Trai official said currently when a person downloads an app on his cellphone, the app seeks access to all kind of details, including phone book, camera and location, among others, even though the app is not related to all these. Also, there is no clarity about ownership of data and to whom it can be shared. The official said in case of the DND app, if a customer willingly wants to share data with it, then why Apple is not allowing citing privacy. “We want to identify who is the custodian of data,” the official said.
There have been issues about companies sharing data of customers to others, without the knowledge of the customer.
Trai said the availability of data has enhanced the business and efficiency potential of data analytics. “However, it is equally important to assess whether the data rights of individuals are being adequately protected in this changing environment. Data protection may therefore mean the ability of individuals to understand and control the manner in which information pertaining to them can be assessed and used by others,” Trai said.
Trai said it is of view that users should be empowered in respect of ownership and control of his/her personal data, and, to ensure this, all players in the ecosystem are bound to follow certain safeguards while collecting, storing and using their subscribers’ data.
Trai has sought comments from stakeholders and public to identify the scope and definition of personal data, ownership and control of data of users of telecom services and to identify the rights of data controllers. It will also assess the adequacy of data protection measures currently in place and identify issues pertaining to data protection in relation to delivery of digital services. Stakeholders can send comments by September 8, counter comments by September 22.