This is the eleventh 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.

“Q10. Is there a need for bringing about greater parity in the data protection norms applicable to TSPs and other communication service providers offering comparable services (such as Internet based voice and messaging services). What are the various options that may be considered in this regard?”

The following table projects the stances of stakeholders on whether there is a need for parity in data protection norms of TSPs and OTT service providers.

*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, iSPIRT – 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.

***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.

The following table projects the stances of the stakeholders on a solution or option to the issue of parity.

+COAI has responded in favour of multiple models, that is, a uniform data protection framework controlled by the government.

++ RJIL has responded in favor of multiple models, that is, a sector wise regulatory approach by a governmental body

*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, iSPIRT – 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.

***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.

Insights

Q1. Is there a need for bringing about greater parity in the data protection norms applicable to Telecom Service Providers (TSPs) and other communication service providers?

• 34% of all stakeholders including 25% industry associations, 58.33% civil society organisations, 66.66% individuals, and 41.6% companies/firms agree that there should be a greater parity in data protection norms
• 4% of all stakeholders, including 56.25% industry associations, 90% telecom service providers, 25% civil society and 16.6% companies/firms did not agree to the proposal of data parity.
• 64% of all stakeholders including 25% industry associations, 10% telecom service providers, 16.66% civil society organisations, 33.33% individuals and 41.6% companies/firms did not provide a response.

Q2.What are the various options that may be considered in this regard?

• 6% of all stakeholders including 31.25% industry associations, 30% telecom service providers 50%% civil society organisations, 33.33% individuals, and 66.66% companies/firms agree on a uniform/horizontal framework.
• 9% of all stakeholders, including 18.75% industry associations, 20% telecom service providers and 8.33% civil society organisations believe in a sector oriented regulatory approach.
• 1% of all stakeholders including 18.75% industry associations and 20% telecom service providers feel government body controlled functions would be the most effective option.
• 8% of all stakeholders including 18.75% industry associations, 20% telecom service providers, 25% civil society organisations, 33.33% individual and 25% companies/firms provided varied options to the question.
• 6% of all stakeholders including 18.75% industry associations, 20% telecom service providers, 16.66% civil society organisations, 33.33% individual and 41.66% companies/firms provided no clear answer.

Detailed Mapping of Responses

A detailed mapping of the responses of all the fifty-three (53) stakeholders, including the stances of the stakeholders, their response to question nine(9) of the Consultation Paper and the suggestions they have made to the TRAI in view of the question, is available here.

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