Since then the panel has made several suggestions. These include holding social media companies that act as publishers, and not intermediaries, liable for the content published on their platforms.
Here are the major developments around data protection rules in India this year.
WhatsApp tweaks privacy policy: In mid-January, we reported that
WhatsApp’s new privacy policy allowed the encrypted messaging app to share significantly more commercial user data with its parent firm Facebook.
Those who did not accept the updated privacy policy, which was to come into force in February, would no longer be able to access their chats on the messaging platform, according to alerts WhatsApp sent to users in India at the time. The reaction was swift.
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India wants privacy policy changes withdrawn: The ministry of electronics and information technology (MeitY) told WhatsApp
to immediately withdraw its proposed privacy policy changes, top officials told us just days later.
In a letter to WhatsApp’s global head Will Cathcart, MeitY wrote, “The proposed changes raise grave concerns regarding the implications for the choice and autonomy of Indian citizens. Therefore, you are called upon to withdraw the proposed changes.”
No personal data being shared, Facebook tells IT panel: Two days later, Facebook told the Parliamentary Standing Committee on Information Technology that WhatsApp
was not sharing its users’ personal data with it. The company reiterated that messages between users remained fully encrypted and its policy did not represent a breach of privacy.
Govt accuses WhatsApp of “tricking” India users: In June, the government told the Delhi High Court that WhatsApp was
“tricking” millions of its users into accepting its contentious new privacy policy by bombarding them with push notifications. In an additional counter affidavit, the government claimed WhatsApp was engaging in anti-user practices by obtaining “trick-consent” to its updated privacy policy, and asked the court to restrain the app from doing so.
WhatsApp puts update on hold: In response, WhatsApp told the Delhi High Court
it would not enforce its updated privacy policy until India passes a data protection law. Senior advocate Harish Salve, appearing on behalf of WhatsApp, told the court that the platform agreed to do so “voluntarily” after the government made it clear that the proposed changes to the US company’s privacy policy was in breach of India’s IT Rules, 2021.
Data bill panel takes inputs: In late October, we reported that the Joint Parliamentary Committee studying the data protection bill
was consulting with various stakeholders as it gave the final touches to its report. The panel, headed by BJP member of parliament PP Chaudhary, was likely to submit the report in the upcoming winter session of Parliament, we reported.
Panel adopts draft report amid dissent: On November 23, the JPC
adopted its draft report on the proposed legislation after several rounds of meetings, depositions and red flags from opposition members amid heightened concerns over privacy in the wake of the Pegasus revelations. Several MPs from the Congress, All India Trinamool Congress (AITC) and other parties submitted dissent notes.
Report tabled after two years: After nearly two years of deliberations, the JPC’s report was
tabled in the Rajya Sabha on December 16. It contains 81 recommendations for modifications and over 150 drafting corrections and improvements in various clauses of the bill.
The very next day, industry representatives
raised concerns on certain recommendations of the JPC, such as the inclusion of non-personal data and expanded data localisation mandates, and said these would harm people’s rights and affect businesses.
