Policy Hampering Illegal Data Entry Via Apps/Social Media
Policy Hampering Illegal Data Entry Via Apps / Social Media in India
🔍 Background:
With the rapid growth of smartphones and social media platforms, there has been a corresponding increase in illegal or unauthorized data entry, sharing, and misuse through apps and social media. This includes:
Uploading false or misleading information.
Disseminating private or confidential data without consent.
Using apps to collect personal data illegally.
Spreading hate speech, fake news, or defamatory content.
Violating data protection laws.
The Indian government has been working on policies and legal frameworks to curb such illegal data entry and misuse while balancing freedom of speech and privacy rights.
⚖️ Relevant Legal Provisions & Policies:
1. Information Technology Act, 2000 (IT Act)
Section 66A (now struck down): Previously criminalized sending offensive messages via communication service. It was struck down in Shreya Singhal v. Union of India (2015) for being vague and violating free speech.
Section 66 (Computer Related Offences): Punishes hacking, data theft, and damage to computer systems.
Section 66E: Punishes violation of privacy by capturing or sharing images of private parts without consent.
Section 72A: Punishes unauthorized disclosure of personal information.
Section 79: Provides intermediary liability protections but requires intermediaries to act on “actual knowledge” of unlawful content to remove it.
2. Personal Data Protection Bill, 2019 (PDP Bill) (Still pending)
Seeks to regulate the collection, processing, and storage of personal data.
Requires apps and social media companies to obtain explicit consent before data collection.
Introduces penalties for illegal data processing or unauthorized disclosure.
3. Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
Imposes due diligence obligations on intermediaries (social media platforms, messaging apps).
Requires platforms to implement mechanisms for content removal and appoint grievance officers.
Platforms must trace the “first originator” of problematic information in certain cases.
Aims to curb the spread of illegal content and misinformation.
🧑⚖️ Case Law:
1. Shreya Singhal v. Union of India, (2015) 5 SCC 1
Supreme Court struck down Section 66A of the IT Act.
Ruled that free speech is a constitutional right, but restrictions must be narrowly tailored.
Highlighted the need for clarity in laws hampering online speech, including illegal data entry or messaging.
2. Anuradha Bhasin v. Union of India, (2020) 3 SCC 637
Dealt with internet shutdowns and access restrictions.
Reiterated the importance of free flow of information but acknowledged the state's power to impose restrictions in the interest of sovereignty and public order.
3. Justice K.S. Puttaswamy (Retd.) v. Union of India, (2017) 10 SCC 1
Landmark privacy judgment declaring Right to Privacy a fundamental right.
Strong foundation for regulating data collection and illegal use of personal data via apps and social media.
4. M.M. Sharma v. State of UP, AIR 1954 SC 710
Early precedent emphasizing protection from illegal dissemination of information violating privacy.
🛑 Policy Measures to Hamper Illegal Data Entry:
1. Mandatory User Verification and Consent
Social media platforms and apps must verify identities to reduce fake accounts.
Explicit consent required before collecting or processing personal data.
2. Content Moderation and Reporting Mechanisms
Platforms must implement AI-based or manual content moderation to detect and remove illegal content quickly.
Grievance redressal officers and complaint mechanisms to address user concerns.
3. Intermediary Liability
Platforms are liable for illegal content if they do not act upon notice or court orders.
Platforms must comply with lawful instructions to remove or disable access to illegal data.
4. Data Protection & Privacy Laws
Frameworks to regulate data entry, storage, and sharing by apps.
Penalize unauthorized data harvesting or data breaches.
5. Awareness & Digital Literacy Campaigns
Educating users about risks of sharing personal data.
Promoting responsible usage of social media and apps.
⚖️ Challenges:
Balancing freedom of expression and right to privacy.
Ensuring platform accountability without stifling innovation.
Handling the volume and speed of data generation and sharing.
Addressing cross-border jurisdictional issues as most platforms operate internationally.
📌 Summary Table:
| Aspect | Policy/Legal Framework | Purpose |
|---|---|---|
| Illegal Data Entry | IT Act Sections 66, 66E, 72A | Criminalize hacking, data theft, and privacy violations |
| Data Protection | Personal Data Protection Bill (pending) | Regulate data collection and processing |
| Intermediary Liability | IT Rules 2021 | Make platforms responsible for illegal content |
| Free Speech Limits | Shreya Singhal Case | Ensure restrictions are reasonable and precise |
| Right to Privacy | Puttaswamy Case | Foundation for data protection rights |
📝 Conclusion:
India’s policy framework and judiciary are evolving to curb illegal data entry via apps and social media by:
Enforcing strict rules on data collection and privacy.
Holding platforms accountable for content moderation.
Protecting users from unauthorized data misuse and dissemination.
Upholding constitutional freedoms while ensuring public order and individual rights.
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