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Indian Government says it is still drafting privacy law, but doesn’t give timelines

The Government is drafting a legislation to protect privacy of individuals breached through unlawful means in consultation with stakeholders, the minister for communications and information technology Ravi Shankar Prasad said in the Rajya Sabha. However, no timeline was provided, which is really the problem: Is the Indian government even interested in a privacy law? In August last year, the Government of India had said in the Supreme Court of India that had said that “violation of privacy doesn’t mean anything because privacy is not a guaranteed right”, actually arguing that the citizens of India do not have a fundamental right to privacy. In September last year, the DeitY had also sought to make encryption (and personal and business security) weaker via a draft policy on encryption, requiring all users to store the plaintexts of the corresponding encrypted information for 90 days from the date of transaction and provide the verifiable plain-text to Law and Enforcement Agencies if required. After a public outcry, the paper was withdrawn. Last month, the DoT made it mandatory to have GPS on all phones by 2018. We're in a situation where the country doesn’t have a privacy law on one hand, and is setting up surveillance systems like the Centralized Monitoring System, NETRA, NATGRID (for collecting data from across databases), and linking citizens and databases across the unique identity number in Aadhaar on the other. Also read: MP Rajeev Chandrasekhar pushes for a Privacy Law, says IT Ministry’s response in Parliament was “misleading” What happened to the…

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