Govt Claims New IT Laws are for Serious Offences, Not Against Privacy

Ministry is committed to protecting Right to Privacy even if WhatsApp permits access to encrypted data

Govt Claims New IT Laws are for Serious Offences, Not Against Privacy
Govt Claims New IT Laws are for Serious Offences, Not Against Privacy
PTI - 26 May 2021

The government stated on Wednesday that it respects people's right to privacy and that the necessity in the new IT laws to trace the origin of flagged messages is for the prevention and investigation of "very serious offences" involving India's sovereignty or public order.

The government also ordered significant social media platforms to declare their compliance with the new digital guidelines as soon as possible on Wednesday.

WhatsApp's last-moment challenge to the intermediate guidelines, according to the IT ministry, was an unfortunate attempt to prevent the rules from taking effect.

The UK, US, Australia, New Zealand, and Canada require social media firms to allow for the legal interception, it said, adding, "What India is asking for is significantly much less than what some of the other countries have demanded."

"Therefore, WhatsApp's attempt to portray the Intermediary Guidelines of India as contrary to the right to privacy is misguided," as per the official statement.

The government acknowledges that the 'Right to Privacy' is a basic right and is committed to ensuring that it is protected for its citizens, according to the announcement.

In a note to 'significant social media intermediaries', the IT Ministry said the additional due diligence required from such large digital platforms has come into effect from Wednesday.

According to a note seen by PTI, the ministry has requested the names and contact information of the Chief Compliance Officer, Resident Grievance Officer, and Nodal Contact Person who have been appointed by digital platforms under the new social media guidelines.

The statement further added that IT Minister Ravi Shankar Prasad has stated that the government "is committed to ensuring the Right of Privacy to all its citizens but at the same time it is also the responsibility of the government to maintain law and order and ensure national security."

He also added that "none of the measures proposed by India will impact the normal functioning of WhatsApp in any manner whatsoever and for the common users, there will be no impact."

"The Government respects the Right of Privacy and has no intention to violate it when WhatsApp is required to disclose the origin of a particular message.

"Such requirements are only in case when the message is required for prevention, investigation or punishment of very serious offences related to the sovereignty and integrity of India, the security of the State, friendly relations with foreign states, or public order, or of incitement to an offence relating to the above or in relation with rape, sexually explicit material or child sexual abuse material," as per the official statement.

The comment comes after WhatsApp filed a lawsuit in the Delhi High Court, claiming that the government's new digital guidelines will violate privacy rights by requiring the company to allow access to encrypted messages.

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