Recent Legal Developments on Mobile Apps

While Data is the new oil in every sector from corporate to political and even in an independent organization, mobile apps are rampantly operated by several app users, Indian Judiciary is constantly stressing legal developments, extended scope, and necessary limitations binding to mobile applications used in India.

Contents  hide 

1 Blanket Ban Of Chinese Mobile Apps By MEITY (Ministry Of Electronics And Information Technology)[i]

2 Whatsapp Chats as Evidence2.1 The Personal Data Protection Bill, 2019[iii]

2.1.1 The matter

2.1.2 Observation

2.1.3 An Expected Rise of Mobile Apps Using Artificial Intelligence to Provide Solution in the Field Of Healthcare, Education, Energy

3 Conclusion

4 Reference

4.1 Related

Blanket Ban Of Chinese Mobile Apps By MEITY (Ministry Of Electronics And Information Technology)[i]

The matter

National security is an utmost priority for the Central Government of India and under Section 69(a) of the Information Technology Act 2000in June 2020 and September 2020, by MEITY, Government of India with the relevant provisions of the Information Technology (Procedure and Safeguards for Blocking of Access of Information by Public) Rules 2009 respectively, 59 and 118 apps were ban. Several reports were there to the Ministry of Information Technology from various sources that some apps on Android and iOS platforms are misusing its authority.

Given the emergent nature of data leak threats, blocked 59Chinese mobile apps and later 118 more apps on the ground that these apps were accessing data that is was not authorise to. The apps were harming the sovereignty of the country by accessing third-party data and storing it in the foreign country servers. The allegations were Data breach, Security of Citizens, Privacy concerns; all of these can be use against the national interest of the country.Observation on development

However, it has been mentioned that preventing the app’s access to personal data is important for national security.This decision is a targeted move to ensure the safety and sovereignty of Indian cyberspace. Every mobile app has to pass the test of law.

Note: Later in November 2020 Government of India banned 43 mobile Apps[ii] on similar grounds as above. The government is taking necessary measures to protect National securityand invoking its right under the Right to Privacy.

Whatsapp Chats as Evidence

The matter

With the technological development and change of times, the courts have, in many cases determined the scope of WhatsApp chats using as evidence.

Observation

Case laws-

National Company Law Tribunal the case ofBhandari Hosiery Exports Ltd. &Ors vs. In-Time Garments Pvt. Ltd., Company Appeal (AT) (Insolvency) No. 143 of 2019,took cognizance of a WhatsApp chat of a corporate debtor to an operational creditor complaining about the quality of the goods. Considering this chat the NCLT hold that there was a Pre-existing dispute under Section 9 of the Code.

In Ambalal Sarabhai Enterprise Ltd v KS Infraspace LLP Limited and Another,

the Supreme Court of India held that WhatsApp chats and Emails are admissible as evidence in a trial.

The Bombay High Court (SBI Cards & Payment Services Pvt Ltd. vs. RohidasYadav, Execution Application No. 1196 of 2015)  has also held that WhatsApp chats are admissible

as evidence in the Court of law provide requirements of Section 65B of Indian Evidence Act are complie with. 

Note: All the above cases although are limit to WhatsApp chats being use as evidence, but according to Section 65 (B) of the Indian Evidence Act, it is clear that any evidence in the internet platform, computer,

or any other electronic media will be admissible by the court.

The Personal Data Protection Bill, 2019[iii]

The matter

The bill was propose in parliament on 11th December 2019 by Ravi Shankar Prasad (Minister of Electronics and Information) and was subsequently refer to a Joint Parliamentary Committee under MP MeenakshiLekhi. The updated act set to debut in the budget session contains 89 amendments and

the addition of a new clause to the bill.

Observation

Noteworthy provisions mentioned in the Bill

1. It will secure the personal data of Indian citizens through mandating Data localization.
2. Three types of data, i.e., Critical(includes data aboutdefense and intelligence services, payments data from foreign banking services such as Visa and Mastercard), Sensitive ((on Health, Religion, Political orientation, Biometrics, Genetics, Sexual orientation, and Financial data of individuals) and Personal data have been mentioned in the proposed legislation. Out of all three types of data sharing and processing of critical data outside India is prohibit under this bill and there are reasonable limitations on the processing of sensitive data.
3. Under 41(1) of the Bill states that the establishment of the Data Protection Authority will be approach by the government to ensure compliance with the law by data fiduciaries. The purpose of this regulatory body will be to push for storing data of the Indian citizens in the country.
4. Processing of data will be regulate by data fiduciaries following the consent of the individual who will be consider as data principal.

An Expected Rise of Mobile Apps Using Artificial Intelligence to Provide Solution in the Field Of Healthcare, Education, Energy

NitiAayog CEO Kant said in the India Digital Summit organised by the Internet and Mobile Association of India (IAMAI),

“We have over half a billion internet users and the number is rising rapidly in every part of the country. This will create a huge market for a host of digital services, platforms, applications, and content and solutions,”

It has been highlighted by Kant that going digital is critical to improving the systems in certain fields. This important mention about the requirement of digital solutions to serve in the emergency sectors can be sees

as an expected amount of rising of various mobile apps.

Conclusion

RECENT LEGAL DEVELOPMENTS ON MOBILE APPS

Post Covid-19, with the rise of mobile apps and their usage, the scope of already available legal frameworks on safeguarding the mobile apps policies[iv] and privacy terms are going to be followed strictly in the upcoming times. And as it is already clear by the above case laws and explanations that it is high time for the government to protect

national security and safeguard the personal data of the citizen of the country.

Reference

RECENT LEGAL DEVELOPMENTS ON MOBILE APPS

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[i]https://www.financialexpress.com/industry/technology/india-bans-118-mobile-apps-including-pubg-check-full-list/2072792/

[ii]https://www.pib.gov.in/PressReleasePage.aspx?PRID=1675335

[iii] https://www.prsindia.org/billtrack/field_bill_category/all

[iv]https://web.guidelines.gov.in/11-8-mobile-application-policies