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India Bans Chinese Apps

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July 10, 2020

What is the issue?

  • The Centre has officially banned 59 Chinese apps.
  • This ban has brought to the fore the ‘national security versus digital rights’ question.

Why did India ban these apps?

  • This ban came after clashes erupted between the Chinese and Indian troops in Galwan valley in Ladakh.
  • The Ministry of Electronics and Information Technology (MeitY) said that it has received complaints that these apps misuse user data.
  • There are reports that these apps transmit users’ data in an unauthorised manner to servers that have locations outside India.
  • The MeitY said that many citizens have shared their concerns regarding the data security and risk to privacy relating to operation of certain apps.

How did India block these apps?

  • The MeitY invoked its power under the Section 69A of the Information Technology (I-T) Act.
  • The MeitY said that, using this Act, it blocked these apps to safeguard the sovereignty and integrity of India.

Why the usage of Section 69A of the I-T Act criticized?

  • It is criticised that the Act isn’t designed for data protection compliance.
  • It is also argued that Section 69A is set for violations that are more specific rather than broad general violations.
  • The ‘security of the state’ ground is what the Union as well as many State governments have unfortunately taken very wide views of.
  • However, data protection is not one of the grounds.
  • More importantly, Section 69A is a censorship power, which is not well designed to protect people’s rights.

What are the other criticisms?

  • The concerns around national security or other geopolitical concerns have intervened to result in this censorship administrative action.
  • Banning of the apps is seen as a proxy for a larger geopolitical battle.
  • The test of proportionate restriction may have not been met.
  • The government didn’t follow the three-part test while taking such steps that may intrude upon people’s fundamental rights and freedoms.
  • [Three-part test - That requires action that is very clear; that could not have been done by a less intrusive means; and that follows standards of necessity and proportionality.]

What was the problem with the process followed by India?

  • India should have first investigated the entities.
  • It should have then seen whether other mechanisms like orders, fines, etc., could be followed.
  • Instead, the Centre has done an emergency blocking order.
  • Then, it has said that these platforms should perhaps come to them and make a case as to why they should be unblocked.
  • The Centre has said that, only after such a case, these interim orders could be overridden.

How India sees digital rights?

  • India is a signatory to the International Covenant on Civil and Political Rights, and the Universal Declaration of Human Rights.
  • So, it has a basic understanding that regulating the Internet by governments has to respect basic human rights standards.
  • In India, it is very clear that our fundamental right to free speech and expression applies to online content too.

How the trade-off could be resolved?

  • Section 69A of the I-T Act is not a new power that the government is commandeering during a time of national security emergency.
  • But, the necessity of blocking the app must be very clearly made out by the government.
  • In this way, we can resolve the question of where we can draw the line between this trade-off between national security and rights.

What could be done to make the system fairer?

  • Currently, when the Government issues blocking orders under Section 69A of the I-T Act, it asserts secrecy and confidentiality in those orders.
  • The government should immediately stop asserting that privilege, so that the public knows what is being blocked and for what reason.
  • It can also undertake broader reforms.
  • It can review the Section 69A of the I-T Act itself.
  • National security agencies must be brought under a legal framework where people can understand what everybody’s powers are.
  • If these agencies have overstepped their bounds, there must be consequences as there are consequences for everyone else.

 

Source: The Hindu

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