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Concerns about TRAI Consultation paper on Data Protection

Some concerns about the TRAI consultation on Open Data, based on my reading of the paper: 1. Concerns about jurisdiction: There are two concerns around jurisdiction issues here: Whether the TRAI can even look at privacy and data protection: The TRAI's remit is to look into the conduct of telecom service providers, including ISPs. Maybe I missed something, but the TRAI Act (act, amendment) talks about license condition for a service provider, interconnection issues, spectrum management, quality of service etc. Nowhere does this cover issues related to content or storage or transfer of data, even though that does impact telecom subscribers. Ecommerce fraud also impacts telecom subscribers. Fake News also impacts telecom subscribers. How is privacy and data protection a TRAI mandate? It is a Ministry of Electronics and IT (MEITY) mandate, and they've set up their own committee. That said, the TRAI has allegedly exceeded its remit in the past: it looked at competition issues, much to the chagrin of the Competition Commission of India. Question remains: can the TRAI issue an order governing data protection? Probably not. They will probably issue recommendations and submit them to MEITY. Whether the TRAI can make recommendations for controlling Internet companies and their usage of data: The paper goes into data collection from "content and application service providers, device manufacturers, operating systems, browsers", and asks for recommendations related to issues. If you remember, with the Differential Pricing (Net Neutrality consultation), the TRAI order covered tariff plans from telecom operators, banning zero rating, and not the activities…

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Founder @ MediaNama. TED Fellow. Asia21 Fellow @ Asia Society. Co-founder SaveTheInternet.in and Internet Freedom Foundation. Advisory board @ CyberBRICS

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