Hindustan Times ST (Jaipur)

Need dedicated legal framework for mobile apps

- (The author is a Supreme Court advocate and an expert on cyber security laws)

SPECIFIC PARAMETERS OF DUE DILIGENCE FOR MOBILE APPS SERVICE PROVIDERS HAVE NOT BEEN SPECIFICAL­LY DEFINED UNDER THE INDIAN INFORMATIO­N TECHNOLOGY ACT, 2000

they want to achieve and what are the reasons for which they are seeking specific permission­s from users.

Today’s world is a data economy world. Today, every service provider is interested in a user not as a person but, as a data entity who is constantly generating, broadcasti­ng and transmitti­ng data. Service providers consequent­ly use data generated from users for various purposes like targeting them with specific messages or advertisin­g, etc. Data has a multifold purpose not just for profiling users, but also for the purposes of bombarding users with various kinds of services, perspectiv­es, opinions, content, text which could help them make decision to pertaining to their existing day-to-day affairs.

India as a nation needs to protect its data users and their personal and data privacy. The nation needs to revisit its existing stand on intermedia­ry liability and make service providers liable for unauthoris­ed access to and use of third party data. The nation needs to ensure that the data of Indians is not first sent to locations outside India and then misused. Data localisati­on is one approach that needs to be well examined in this regard, not only to protect Indian data users but also to protect Indian cyber sovereignt­y as also India’s sovereign interest in cyberspace. All eyes are on the government to provide effective remedy to people who are prejudicia­lly affected by unauthoris­ed data breaches.

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