Trai's data privacy recommendations 'timely and valuable': Telecom Secy

Terming Trai's recent recommendations on data privacy and ownership as "timely and valuable", a top official on Wednesday said the Telecom Department will consider all suggestions related to the telecom sector while others will be looked into by Justice Srikrishna panel that is crafting the overarching data protection law.

The recommendations are in tune with the government's existing stance on protecting privacy and data rights of individuals, Telecom Secretary Aruna Sundararajan said on the sidelines of a seminar titled Empowering India digitally enhancing broadband quality and enabling consumer choice', organised by CUTS International.

Asked about the Telecom Department's next move with regard to the recent recommendations of Telecom Regulatory Authority of India (Trai) on data privacy, Sundararajan noted that the regulator's views pertained both to the telecom sector and entire digital ecosystem.

"There are two types of recommendations, one which pertains to telecom sector where primary responsibility is on the Telecom Department...so those recommendations we will be considered within the Department. The general recommendation that Trai has given... on entire digital system...will be looked into by the Justice BN Srikrishna committee," she said.

Department of Telecom (DoT) will have to take "institutional view" of the matter under its consideration, Sundararajan had earlier said.

"DoT will have to take an institutional view ... but this is very much in line with what the courts have said in the matter and what the government has already said on protecting privacy and data rights of individuals," Sundararajan said.

She said that Trai's assertion that data belongs to users is in sync with the current narrative of the Indian telecom market, that places customers and users at the center-stage.

"What Trai has said about data belonging to users is in line with what's emerging in Indian market, overall...that is...putting customers and users in the centre," she said.

Trai's recommendations and inputs are extremely "valuable and timely", Sundararajan said adding that Justice Srikrishna panel, too, is expected to finalise its views on data privacy law shortly.

Telecom Regulatory Authority of India (Trai) Chairman R S Sharma had recently said that mobile devices and apps are like 'faucets' to the telecom pipe and should be subjected to similar rules as telecom operators till an overarching data protection law is put in place to safeguard consumer rights.

Asserting that Trai has not overstepped its mandate while calling for regulation of all digital entities handling consumer data, Sharma has emphasised that users are the primary owners of their data.

Trai earlier this week termed entities controlling and processing user data as "mere custodians" and recognised individuals as the actual owners of personal information, as it also called for regulation of all digital entities handling consumer data.

In significant recommendations concerning privacy, Trai argued that firms collecting user data don't have a right over it, and emphasised that consumers' consent is a must for obtaining it.

Describing the existing data protection framework as inadequate, the Trai in a set of recommendations to Telecom Department has also said that companies should not use meta-data to identify users and should disclose any data breaches.

The government, it has said, must notify policy framework to regulate devices, operating systems, browsers and applications. Batting for telecom consumers, Trai had also suggested that users be granted the right to choice, consent and to be forgotten to safeguard privacy.