Lok Sabha Question No. 299 (STARRED), answered on 2017-03-22
Subject: Privacy of Data
Ministry: COMMUNICATIONS
Asked by: ANURAG SINGH THAKUR

## GOVERNMENT OF INDIA MINISTRY OF COMMUNICATIONS DEPARTMENT OF TELECOMMUNICATIONS

## LOK SABHA STARRED QUESTION NO.299 TO BE ANSWERED ON 22 ND   MARCH, 2017

## PRIVACY OF DATA

- *299. SHRI ANURAG SINGH THAKUR:

Will the Minister of COMMUNICATIONS be pleased to state:

- (a) whether adequate steps have been taken/proposed to be taken by the Government to ensure  data  privacy  of  users  and  the  security  of  free  and  public  Wi-Fi  connections  being provided at several locations of the country such as railway stations, airports and other public places etc. and if so, the details thereof;
- (b) whether  the  Government  proposes  to  make  it  mandatory  for  the  aforementioned locations  to  display  information  regarding  the  safe  internet  browsing  and  usage  practices; and
- (c) if so, the details thereof and if not, the reasons therefor?

## ANSWER

## THE MINISTER OF STATE (IC) OF THE MINISTRY OF COMMUNICATIONS & MINISTER OF STATE IN THE MINISTRY OF RAILWAYS (SHRI MANOJ SINHA)

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

Contd…….2/-

## STATEMENT  TO  BE  LAID  ON  THE  TABLE  OF  THE  LOK  SABHA  IN  RESPECT  OF PARTS (a) TO (c) OF LOK  SABHA STARRED QUESTION NO.299 FOR 22 ND   MARCH, 2017 REGARDING 'PRIVACY OF DATA'.

(a) Madam, yes, Government has taken adequate steps to ensure data privacy of users and the security of free and public Wi-Fi connections being provided at several locations of the country such as railway stations, airports and other public places. Intentionally damaging or tampering with telegraphs or unlawfully attempting to learn the contents of messages is punishable offence as per the Section 24, 25 & 26 of  the Indian Telegraph Act. Moreover, DoT has issued instructions in February 2009 to Telecom Service Providers who have been granted Licenses for provision of Telecom services regarding safeguards in provision of WiFi Internet services in the delicensed frequency band for secure use of WiFi services including those  provided  at  public  places  i.e.  Hotel,  Restaurants,  Airports,  Malls,  Shops,  Railway Stations through Hotspot.

Further, a document on Security in Public WiFi Implementations-Best Practices was circulated to Internet service Providers (ISPs) for implementation..

(b)  & (c ) As of now, there is no proposal to make it mandatory to display information at aforementioned locations regarding the safe internet browsing and usage practices for public Wi-Fi  connections.  The  program  of  MeitY  entitled    'Information  Security  Education  and Awareness (ISEA)' has an objective of  Creation of Mass Information Security Awareness towards academic, general and Government users covering approximately 3 crore internet users  for  the  period  2014  -  2019.  Further,  Government  has  instructed  Telecom  Service Providers/Internet  Service  Providers    under    Unified  License  (Similar  provisions  in  other Licences  also)    to  protect  the  interest  of  the  stakeholders/customers  and  privacy  of  the individual as indicated below:

' 37.2 Subject to terms and conditions of the license, the Licensee shall take all necessary steps to safeguard the privacy and confidentiality of any information about a third party and its business to whom it provides the Service and from whom it has acquired such information by virtue of the Service provided and shall use its best endeavors to secure that:

- a) No person acting on behalf of the Licensee or the Licensee divulges or uses any such information except as may be necessary in the course of providing such Service to the Third Party; and
- b) No such person seeks such information other than is necessary for the purpose of providing Service to the Third Party.

Provided the above para shall not apply where:

- a) The information relates to a specific party and that party has consented in writing to such information being divulged or used, and such information is divulged or used in accordance with the terms of that consent; or
- b) The information is already open to the public and otherwise known.
3. 37.3 The Licensee shall take necessary steps to ensure that the Licensee and any person(s) acting on its behalf observe confidentiality of customer information.
4. 39.4 The  LICENSEE shall ensure protection of privacy of  communication and ensure that unauthorized interception of messages does not take place.
5. 39.23 (xix) In order to maintain the privacy of voice and data, monitoring shall be in accordance with rules in this regard under Indian Telegraph Act, 1885'.

**************************