Lok Sabha Question No. 464 (STARRED), answered on 2018-03-28
Subject: Protection of Consumer Privacy
Ministry: ELECTRONICS AND INFORMATION TECHNOLOGY
Asked by: DUSHYANT SINGH

## GOVERNMENT OF INDIA MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY

## LOK  SABHA STARRED QUESTION NO.  *464

TO BE ANSWERED ON: 28.03.2018

## PROTECTION  OF  CONSUMER  PRIVACY

## * 464.      SHRI DUSHYANT SINGH:

Will the Minister of Electronics and Information Technology be pleased to state:

- (a) whether the Government has devised any strategy to protect consumer privacy such as access to  location  and  other  parameters  during  the  usage  of  mobile  applications  on Android or iOS platforms;
- (b) if so, the details thereof and if not, the reasons therefor;
- (c) whether  the  Government  has  taken  any  steps  to  strengthen  the  Information  and Communication  Technologies  (ICT)  infrastructure  to  avoid  data  leakage  and  data breach; and
- (d)     if so, the details thereof and if not, the reasons therefor?

## ANSWER

MINISTER FOR ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

- (a) to (d):    A Statement is laid on the Table of the House.

## STATEMENT REFERED TO IN REPLY TO LOK SABHA STARRED QUESTION NO.*464 FOR  28.03.2018 REGARDING PROTECTION OF CONSUMER PRIVACY

- …….

(a) to (d) : Consumer privacy in case of mobile application across Android & iOS platforms is governed  by  the  terms  &  conditions  and  privacy  policy  set  forth  by  the  application  provider. These  terms  &  conditions  are  agreed  upon  by  the  user  to  avail  the  services  provided  by  the application.

Section 43A and section 72A of the Information Technology Act, 2000 provides for privacy and security of data in digital form. Section 43A provides for compensation to be paid to the victim in case  of  unauthorized  access  of  information  and  leakage  of  sensitive  personal  information respectively.  It  mandates  'body  corporates'  to  implement  'reasonable  security  practices'  for protecting  'sensitive  personal  information'  of  individuals.  Section  72A  of  the  Act  provides  for punishment for disclosure of information in breach of the lawful contract. Further,  Information Technology (Intermediary Guidelines) Rules 2011 notified under Section 79 of the IT Act, 2000 require that the Intermediaries shall observe due diligence while discharging their duties and shall publish  the  rules  and  regulations,  privacy  policy  and  user  agreement  for  access-or  usage  of  its computer resource by any person.

Hon'ble Supreme Court has also held that privacy is a fundamental right.  To further strengthen personal data protection of user, Government has already set up a Committee of Experts under the Chairmanship of Justice (Retd.) Shri B N Srikrishna to prepare a data protection framework and work  out  the  Data  Protection  Bill.  The  Committee  has  prepared  a  White  Paper  on  'Data Protection  Framework  for  India'  and  sought  public  comments.  The  Committee  has  also conducted Stakeholders Consultation meetings in four cities. Comments have now been received from  various  domains  including  Academia,  Industry  fora,  Government,  NGOs,  civil  society organizations & Technology Companies from across the globe. Based on the comments received, the Committee is working on a suitable Data protection framework for India.

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