Lok Sabha Question No. 3341 (UNSTARRED), answered on 2023-08-09
Subject: Threat of Foreign Mobile Applications
Ministry: ELECTRONICS AND INFORMATION TECHNOLOGY
Asked by: Sanjay Seth

## GOVERNMENT OF INDIA MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY

## LOK SABHA

## UNSTARRED QUESTION NO. 3341

TO BE ANSWERED ON 09.08.2023

## THREAT OF FOREIGN MOBILE APPLICATIONS

## 3341.   SHRI SANJAY SETH:

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

- (a) whether many foreign mobile applications pose the national security as well as the privacy threat to the citizens of India;
- (b) if so, the action taken by the Government in this regard;
- (c) the total number of foreign mobile applications banned in India during the last three years; and
- (d)  the  types  of  privacy  threat  posed  by  these  foreign  mobile applications  to  Indian  citizens?

## ANSWER

## MINISTER OF STATE FOR ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI RAJEEV CHANDRASEKHAR)

(a)  to  (d):    The  policies  of  the  Government  are  aimed  at  ensuring  a  Safe  &  Trusted  and Accountable Internet for its all users.

The Information Technology Act, 2000 ('IT Act') and the Information Technology (Intermediary  Guidelines  and  Digital  Media  Ethics  Code)  Rules,  2021,  together,  has  put  a stringent framework to ensure that Indian cyberspace is safe & trusted and also casts obligations on  the  intermediaries,  including  social  media  intermediaries,  to  observe  due  diligence  as  per rule  3(1)(b).  In  case  of  failure  to  follow  diligence  as  provided  in  the  IT  Rules,  2021,  by intermediaries, they shall lose their safe harbour protection under section 79 of the IT Act and shall  be  liable  for  consequential  action  as  provided  in  such law.  Such  due diligence includes that intermediary shall make reasonable efforts by itself, and to cause the users of its computer resource  to  not  host,  display,  upload,  modify,  publish,  transmit,  store,  update  or  share  any information that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations  with  foreign  States,  or  public  order,  or  causes  incitement  to  the  commission  of  any cognisable  offence,  or  prevents  investigation  of  any  offence,  or  is  insulting  other  nation  or which violates any law.

Section  69A  of  the  IT  Act  and  the  rules  made  thereunder  provide  power  to  the  Central Government to issue directions for blocking of access by the public any information generated, transmitted, received, stored or hosted in any computer resource if it is necessary or expedient to  do  so  in  the  interest  of  sovereignty  and  integrity,  defence  of  India,  security  of  the  State, friendly relations with foreign States or public order or for inciting cognizable offence relating to above. Following the procedures and safeguards prescribed under the Information Technology  (Procedure  and  Safeguards  for  Blocking  for  Access  of  Information  by  Public) Rules, 2009, the Central Government issues directions for blocking after receiving the request from the nodal officer of Ministry of Home Affairs (MHA) and Law Enforcement Agencies who,  after  analyzing  suspicious  applications  based  on  the  complaints,  received  from  various sources,  send  such  request  to  the  Designated  Officer  in  the  Ministry  of  Electronics  and Information Technology (MeitY) under section 69A of the IT Act.

Ministry of Home Affairs (MHA) has identified 545 mobile applications which were collecting users' information and transmitting it in an unauthorized manner to servers located outside the country for profiling. Based on the request from MHA, MeitY has issued direction for blocking of  those  545  mobile  applications  since  such  data  transmissions  infringes  the  sovereignty  and integrity of India, defence of India and security of the State.

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