Stakeholders’ responses to the TRAI privacy consultation paper (Part X of XII): Safety and security of telecommunications infrastructure and digital ecosystem

This is the tenth post, in a twelve (12) part series of posts, to map the opinions of all the stakeholders on the basis of their responses to the consultation paper on Privacy, Security, and Ownership of the Data in the Telecom Sector (Consultation Paper) published by the Telecom Regulatory Authority of India (TRAI) on 9th August 2017.

In order to address key data privacy and security issues, the TRAI framed twelve (12) questions and invited comments to these questions. In total, fifty-three (53) stakeholders submitted detailed responses. Comments of all stakeholders are available here. Our comments to the Consultation Paper are available here.

The mapping of stakeholders’ opinion, and the analysis of such mapping, is based on the interpretation of all the responses to the Consultation Paper. A few details may have been lost during the interpretation of the responses. All suggestions, requests, and comments, to rectify any such omission(s) or error(s) in this exercise, are duly invited.

“Q.8 What are the measures that should be considered in order to strengthen and preserve the safety and security of telecommunications infrastructure and the digital ecosystem as a whole?”

The concerns and suggestions in relation to relation to the safety and security of telecom infrastructure and digital ecosystem, raised by the stakeholders in their responses to abovementioned question 8 of the Consultation Paper, can be traced to Part 4 of the White Paper of the Committee of Experts on a Data Protection Framework for India (White Paper) which deals with the regulation and enforcement of various measures.

The following table projects the stances of the stakeholders on what measures should be considered to strengthen and preserve the safety and security of telecommunications infrastructure and the digital ecosystem.

*Industry Associations: IAMAI – Internet & Mobile Association of India, ACTO – Association Of Competitive Telecom Operators, ACT – Association for Competitive Technology, ASSOCHAM – Associated Chambers of Commerce and Industry of India, COAI – Cellular Operators Association of India, GSMA – Groupe Speciale Mobile Association, ISPAI – Internet Service Providers Association of India, NASSCOM-DSCI – National Association of Software and Services Companies – Data Security Council of India, USISPF – U.S. India Strategic Partnership Forum, ITI – Information Technology Industry Council, USIBC – US India Business Council, BSA – Business Software Alliance, EBG – European Business Group Federation, BIF – Broadband India Forum, ISACA – Information Systems Audit and Control Association, iSPIRIT – Indian Software Product Industry Round Table.

**Telecom Service Providers: AT&T Global Network Services India Pvt. Ltd., RJIL – Reliance Jio Infocomm Limited, MTNL – Mahanagar Telephone Nigam Limited, TTL – Tata Teleservices Limited, BSNL – Bharat Sanchar Nigam Limited, RCOM –  Reliance Communications Ltd., Telenor, Bharti Airtel, Idea Cellular Ltd, Vodafone.

***Civil Society Organisations/ Think Tanks: NLUD – National Law University, Delhi,  IDP – Internet Democracy Project, CIS – The Centre for Internet and Society, ITfC – IT for Change, SFLC – Software Freedom Law Centre, FCSO – Federation of Consumer and Service Organization, CUTS – Consumer Unity and Trust Society, CGS – Consumer Guidance Society, CPA – Consumer Protection Association, IFF – Internet Freedom Foundation, Access Now, Takshashila Foundation.

INSIGHTS

Whether the current security measures are sufficient?

• 43%  of all stakeholders, comprising of 20% of industry associations, 60% of TSPs and 20% of civil society organisations/think tanks, opined that the current technology was adequate in resisting attacks.
• 19% of all stakeholders, comprising of 50% of industry associations, 25% of TSPs, 6.25% of civil society organisations/think tanks and 18.75% of companies/firms, opined improvements need to take place.
• 38% of all stakeholders did not address this question.

What kind of regulation will be the most effective?

• 87% of all stakeholders, comprising of 60% of industry associations, 20% of TSPs and 10% of civil society organisations/think tanks and 10% of companies/firms, were of the opinion that the government should impose dynamic regulations and measures.
• 09% of all stakeholders, comprising of 50% of industry associations, 12.5% of civil society organisations/think tanks and 37.5% of companies/firms, opined that the regulation should be internal based on existing provisions.
• 98% of all stakeholders, comprising of 20% of industry associations, 60% of TSPs and 20% of civil society organisations/think tanks, 3.7% of individuals and 25.9% of companies/firms, were of the opinion that there should be a joint effort between the industry and the government to create effective strategies and frameworks to regulate, strengthen and preserve the telecom and digital ecosystem.
• 06% of all stakeholders did not address this question.

Detailed Mapping of Responses

A detailed mapping of the responses of all the fifty-three (53) stakeholders, including the stances of the stakeholders, their responses to question eight (8) of the Consultation Paper and the suggestions made by them to TRAI in view of the question, is available here.

[This post is authored by Aakash Khatri, a third year student at ILS, Sandesh Atyam, a second year student at NLU, Jodhpur and Sushma S. Babu, a fourth year student at HNLU, Raipur. Pushan Dwivedi (Associate, TRA) gave inputs].