July 15, 2018

TRAI begins work on data protection and government's role

10 August 2017, 10:09 | Dale Webster

Apple is anti-consumer, indulging in data colonisation, says Trai: The Times of India

Set-top box portability in India

For instance, if the data is recognized as belonging to the user to whom it pertains, then this data becomes available for use by them to better their own lives. "They have not done anything", stated R.S. Sharma, chairman of the regulatory authority.

The app is effectively a call blocker for numbers associated with call spammers and robocallers, but it performs this function by utilizing the user's call logs and messaging history.

The paper by Trai comes in the backdrop of the regulator's ongoing tussle with Apple regarding its Do-Not-Disturb (DND) app, which is not being allowed on iOS platform. The customer can report these unwanted calls and messages to Trai, following which action could be taken. "If a customer wants to share financial transaction data with his/her bank, for getting a loan, why should it not be allowed?"

Trai said the availability of data has enhanced the business and efficiency potential of data analytics.

Sharma was speaking about Digital India Foundation Event and said a question like these arise when data is currency, property and valuable "What can be the objection of a third party if the user wants to willing share his information", Sharma provided adding that a consultation paper will be issued in 1-2 days.

Apple has not responded to comment on the matter and is still believed to remain in continued negotiations with Trai.

Q.6 Should government or its authorized authority setup a data sandbox, which allows the regulated companies to create anonymized data sets which can be used for the development of newer services?

He said that Trai will release a discussion paper on the issue in a day or two.

Through the paper, Trai has pointed towards having a mechanism for regulating and governing data controllers, and has sought views on issues such as rights and responsibilities of data controllers and whether the rights of a data controller could supersede those of an individual over his/her data. What are the measures that should be considered in order to empower users to own and take control of his/her personal data? The ability of data collectors to unilaterally change their privacy policies also contributes to this asymmetry.

Sharma said that it is the customer who should have the last right over the data that he or she is generating. "The ownership should remain and shall remain with the consumer who produced the data", Sharma said. According to paper, a data controller refers to any organisation "that determines the purposes and means of processing the personal information of users, shall give simple to understand notice of its information practices to all individuals, in clear and concise language, before any personal information is collected from them".

Q. 9 What are the key issues of data protection pertaining to the collection and use of data by various other stakeholders in the digital ecosystem, including content and application service providers, device manufacturers, operating systems, browsers, etc?

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