TRA’s comments on the TRAI’s consultation paper on Privacy, Security and Ownership of Data in the Telecom Sector
The Telecom Regulatory Authority of India (“TRAI”) released a consultation paper on ‘Privacy, Security and Ownership of the Data in the Telecom Sector’ (“the Consultation Paper”) on 9th August, 2017.
In brief, our submissions were:
- Creation of data sandboxes for the ‘development of newer services’.
- Data sandboxes may be created for the ‘development of newer services’. Regulated companies may place aggregated, anonymized information in data sandboxes. Personal un-aggregated information may not be placed within such sandboxes.
- Our opinion finds consonance in Justice Chandrachud’s plurality judgment in Justice K S Puttaswamy Union of India. The judgment observed “encouraging innovation and the spread of knowledge as a legitimate aim of the state”.
- For clarity of enforcement, “regulated companies” and “newer services” need to be defined by the government.
- It is also necessary to prevent the use of aforesaid data sandboxes for “extraneous purposes”.
- Creating parity between TSP’s and other communication service providers offering comparable services.
- Issues of data protection and data privacy principles for redressal of those issues are not contingent on the means of communication.
- There is no need to distinguish between data protection norms applicable to telecom and internet service providers (“TSP”) and other communication service providers (such as Internet-based voice and messaging services).