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- Virag Gupta’s Column There Is Unnecessary Delay In Implementation Of Data Protection Law
12 hours ago
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Virag Gupta Supreme Court lawyer
Defense Minister Rajnath Singh has said that due to the increasing difference between words and actions, trust in leaders is decreasing. The Data Security Act, which is becoming Birbal’s khichdi in the era of leaders invoking the Constitution, is a great example of this. This started during the time of UPA (2010). In the first term of NDA, a historic decision of 9 judges of the Supreme Court came on the right to privacy.
Six years later, during the second term of the NDA, the Data Security Act was passed by the Parliament. Now in the third round of NDA, draft rules for data security have been released. After the rules are passed by Parliament, tech companies will get two more years to implement the law. On the other hand, three criminal laws were hastily implemented across the country from July 1 last year.
The Home Minister has asked the Chief Minister of UP to implement new laws in the state. Are police FIRs and investigations being conducted on the basis of old criminal laws that have been repealed in the country’s largest state?
The Delhi High Court had passed orders 12 years ago against the dangers of digital colonialism. In them, work is being done on issues like localization of data due to the pressure of indigenous economy. But issues like safety of children in the cyber world and recovery of fines and taxes from tech companies were not implemented.
There are three dire consequences of non-implementation of data protection laws. First- flood of cyber crimes due to auction of data. Second- increasing mental rot (‘brain rot’) and depression in children and youth. Third: The gap between the rich and the poor is increasing due to non-correct collection of taxes from digital companies. There are three more big aspects of the increasing anarchy due to lack of digital laws.
1. Children: According to the law, they get the rights of driving license, voting and SIM card only after the age of 18 years. Minor children cannot consume drugs, cigarettes and alcohol and having sexual relations with them can lead to strict punishment under POCSO. Tech companies are registered in America, where according to the law, children below 13 years of age cannot join social media.
Tech and gaming companies are illegally using the personal and sensitive data of 15 crore children in India for commercial purposes. But the government is diverting the main issue of accountability of tech companies by using the pretext of consent of parents in the draft rules.
2. Fine: Companies like Apple, Google, Amazon and Microsoft are commercially using the personal data of people using voice services by saying Hey-Siri, OK Google, Alexa and Cortana. A class-action suit was filed against it in America.
Even before the court’s decision came, Apple tried to hush up the matter by paying compensation of Rs 800 crore to the victims. The amount of fine is nominal for Apple which made so much profit in 9 hours. There was a draft law in India to impose fine up to four percent of the income of tech companies. Later it was reduced to Rs 250 crore, which is no longer even mentioned in the new draft rules.
3. AI: The business of AI is increasing due to indiscriminate looting of data. The Prime Minister had given assurance last year to make a law on AI, but there is no discussion on it now. Like the three new criminal laws, the country needs a code of three laws on IT, telecom and data security.
According to the latest statement of the IT Secretary, there is still a delay in enacting the Digital India Act in place of the IT Act. On the other hand, despite being passed by the Parliament, the Telecom Law was not fully implemented. The data protection law was passed by the Parliament, which will be implemented two years after the rules are notified.
Leaders of all parties are fearlessly using data and AI in elections. Whereas in the name of social media the public is getting free opium. In such a situation, the government should fulfill its constitutional responsibility by quickly and strictly implementing clear and effective data security rules to save the countrymen from the wrath and mental rot of social media, OTT and gaming.
The government should implement clear and effective data protection rules to protect the countrymen from the scourge and mental rot of social media, OTT and gaming. Only then will she be able to fulfill her constitutional responsibility. (These are the author’s own views)