Author Archives: PTLB

Contempt Of Court By Central Government, State Governments And Union Territories By Making Aadhaar Mandatory

Contempt Of Court By Central Government, State Governments And Union Territories By Making Aadhaar MandatorySuccessive Indian governments have been playing with the civil liberties of Indians piece by piece and this process has reached a stage where it is no more possible to maintain a silence. Although there are many e-surveillance projects that are running in India without any parliamentary oversight and judicial review yet this post and petition pertains to one of the most endemic e-surveillance tool of Indian government known as Aadhaar.

Indian government is so committed to this e-surveillance tool that it has been not only committing contempt of court by making Aadhaar mandatory but also argued before the Supreme Court that there is no fundamental right to privacy in India. The government did not stop here and has made Aadhaar part of its Digital India project that is suffering from various shortcomings.

For reasons best known to the Supreme Court, it has failed to take any action against the central government, state governments and union territories that are openly insisting upon Aadhaar for availing public services. Surprisingly, the Supreme Court feels that it needs to have clear evidence in order to initiate contempt action against these governments. Fortunately, the Supreme Court has maintained so far that Aadhaar cannot be made mandatory for availing public services but this stand is of no practical use as today almost all services are Aadhaar based.

The latest Supreme Court’s Order On Aadhaar 11-08-2015 (PDF) has further strengthened the fight against illegal Aadhaar project as it has not only reiterated that Aadhaar is optional for government schemes and projects but has also limited its usage for selective few purposes alone. Even for those limited purposes, Aadhaar is optional and is not mandatory. Perry4Law Organisation (P4LO) would provide the interpretation of that order of Supreme Court in a separate post.

This online petition has been created by Praveen Dalal in order to gather reliable and legally admissible evidence so that contempt action can be taken against the central government, state government, union territories, government departments, etc. This petition intends to be a database of all information and materials showing and proving that Aadhaar has been made mandatory by central government/state governments/union territories/government departments.

This online petition would be filed along with the paper petition that he intends to send to the Supreme Court so that Aadhaar can be declared to be unconstitutional by the Supreme Court with all facts, evidence and documents.

Viewers and readers of this petition are most welcome to add their own responses, experiences and views to the same citing situations where they were asked for Aadhaar while availing any public service in India.

Please note that this petition is not about the desirability or non desirability about Aadhaar project but about cases, situations and circumstances where citizens/residents of India were discriminated against by central government, state governments, union territories, government departments, etc for not providing the aadhaar number/card. The illegality and unconstitutionality of Aadhaar project would be discussed separately while filing the paper petition to the Supreme Court of India.

Aadhaar Related Articles And Documents

(1) Unique Identification Authority Of India And Anr. v. Central Bureau Of Investigation, SLP (Cr) No(s).2524/2014 (PDF)- Supreme Court’s Order Declaring Aadhaar As Not Mandatory For Government Services. Latest Supreme Court’s Order On Aadhaar 11-08-2015 (PDF).

(2) Supreme Court Of India Must Immediately Declare Aadhaar Project As Unconstitutional

(3) Aadhaar Not Compulsory For Government Services: Supreme Court

(4) Digital India And Aadhaar Related Critical Policy Suggestions And Views Of Praveen Dalal

(5) Digital India Must Address Civil Liberties And Cyber Security Issues Urgently

(6) Digital India Is Biggest Panopticon Of Human Race The Moment It Is Clubbed With E-Surveillance Tool Named Aadhaar

(7) Privacy Protection In The Information Era

(8) Aadhaar In Its Present Form Has No Welfare Elements Attached To It Whatsoever But Is An E-Surveillance Project

(9) Digital Locker Tied Up With Aadhaar Is Illegal And Would Not Serve Digital India: Praveen Dalal

Unregulated And Unconstitutional E-Surveillance Projects Of Indian Government

(1) The Central Monitoring System (CMS) Project Of India

(2) National Intelligence Grid (Natgrid) Project Of India

(3) Internet Spy System Network And Traffic Analysis System (NETRA) Of India Proposed

(4) National Cyber Coordination Centre (NCCC) Of India May Become Functional

(5) Vodafone Confirms Existence Of Secret Wires For Government E-Surveillance And Eavesdropping Worldwide

(6) Indian Department Of Telecommunications Would Investigate Govt Snooping Allegations By Vodafone

(7) Intelligence Infrastructure Of India Needs Transparency And Strengthening

(8) Intelligence Agencies Reforms In India Are Urgently Needed

(9) E-Surveillance Policy Of India Is Needed

Privacy, Cyber Security And Date Protection Requirements In India

 (1) Civil Liberties Protection In Cyberspace And Human Rights Protection In Cyberspace

 (2) Privacy Laws In India And Privacy Rules And Regulations In India

 (3) Data Protection Laws In India And Privacy Rights In India (PDF)

(4) Indian Cyberspace Must Be Protected On A Priority Basis

(5) Cyber Security Challenges Before The Narendra Modi Government

(6) Cyber Security Breaches Are Increasing World Over And India Must Be Cyber Prepared

(7) India Must Ensure Techno Legal Measures To Regulate Indian Cyberspace

(8) The Cyber Security, Data Security And Civil Liberties Implications Of Aadhaar Project And Biometric Collection By UIDAI In India

(9) Unconstitutional And Illegal Biometrics Collection Laws And Practices In India

* Mandatory fields

Twitter Is Now Censoring Critical And Dissenting Digital India Related Tweets

Twitter Is Now Censoring Critical And Dissenting Digital India Related TweetsTwitter is a wonderful micro blogging and communication platform that connects billions of people over the Internet. Its users can share updates and information in real time thereby exercise their right to speech and expression. Of course, speech and expression is subject to reasonable restrictions but a constructive criticism and opposite view cannot be considered to be controlled by reasonable restrictions by any civilized nation. This is more so for a country like India that is not only a democratic system but is also ruled by the Constitution of India.

Unfortunately, speech and expression in general and civil liberties in cyberspace in particular are under severe attack from none other than our own government. For instance, Twitter has been censoring Aadhaar related tweets for many years on behalf of Indian government. Now Twitter has started censoring critical and dissenting tweets about Digital India, a project portrayed to be a digital empowerment initiative of Indian government.

Praveen Dalal, whose tweets on Digital India are censored on a regular basis, believes that far from digital empowerment, Digital India has become the Biggest Panopticon of Human Race. Any tweet about this “Digital Panopticon of India” is also censored by Twitter almost in “Real Time”. It is not the purpose of Twitter to be a “Media Agent” of Indian Government and censor tweets that are criticising the Digital India project for its Weaknesses, Illegalities and Unconstitutionalities.

We can understand that Twitter has to keep in mind its commercial interests in India as well but this does not mean that it disregards the civil liberties and human rights altogether. It is high time for Twitter to think seriously in this direction.

Banks In India Refuse To Give Direct Access To Natgrid To Their Data Base And Customers Details

Banks In India Refuse To Give Direct Access To Natgrid To Their Data Base And Customers DetailsNone can deny that Privacy right is a Human Right and not a government charity anymore. Governments across the world are required to keep in mind the Privacy rights in the information era while launching various projects and initiatives. Otherwise, these projects and initiatives can be challenged before the Courts as illegal and unconstitutional.

The BJP led government must protect privacy rights of Indians that has been neglected for decades. However, just like its predecessor Congress party, even the BJP government is also not interested in protecting civil liberties in cyberspace. BJP government has done nothing to bring transparency and accountability of the intelligence agencies of India. Intelligence agencies of India need parliamentary oversight and suitable legal framework regulating their operations.  Similarly, an e-surveillance policy of India is also urgently needed.

The BJP government is supporting the illegal and unconstitutional e-surveillance projects of Congress government. These include projects like National Intelligence Grid (NATGRID) Project of India, Central Monitoring System (CMS) Project of India, Internet Spy System Network and Traffic Analysis System (NETRA) of India, Crime and Criminal Tracking Network and Systems (CCTNS) Project of India, etc. All these projects are operating without any legal framework and without any Parliamentary and Judicial scrutiny.

The Natgrid project is an ambitious project of great utility but it is poorly executed. The Natgrid project of India needs Techno Legal Implementation to be successful and legal. However, BJP government is not paying heed towards these requirements. Successive governments in India have thought that they can force illegal e-surveillance projects upon Indian citizens and organisations.

However, this line of thought of Indian government is not backed by banks of India. For instance, banks in India have already refused aadhaar based authentication as Aadhaar project is the most draconian e-surveillance project of India. Reserve Bank of India (RBI) even postponed the implementation of biometric authentication for credit card swipe machines and ATMs due to protest by banks of India. Now banks of India have taken a firm stand against Natgrid project by refusing to grant it direct access to the details and database of their customers.

This is a significant win for privacy advocates who have been stressing hard to protect privacy rights of Indian citizens. “The issue pertaining to creating institutional framework for sharing of information relating to the banks with Natgrid was examined by RBI in consultation with the Indian Banks Association (IBA)”, minister of state in the ministry of finance Nirmala Sitharaman told Lok Sabha in a written reply. She revealed that RBI and bankers were “unanimously of the opinion that it would not be possible for banks under the current legislative framework to disclose customer information”.

“Accordingly, it was advised that in line with international practices it may not be possible for banks to allow any agency direct access to its database”, said the minister. Further, Ms Sitharaman said that under the “extant legislative framework it may not be possible for banks to share customer related information like name and address of the customer and account number of the customer with any government agency”.

This reply has also hinted towards the need to change the outlook of privacy in the modern times. The BJP government cannot postpone the requirement to enact suitable techno legal laws in the fields of Privacy, intelligence agencies, e-surveillance, cyber security, data security, etc.

However, the ultimate responsibility to protect the privacy rights of Indian citizens lies with them only.  Bank customers and Indian citizens must protest against any possible privacy intrusion attempt of Indian government and its agencies to the maximum possible extents.

SEBI Plans To Form Office Of International Affairs (OIA) For Surveillance And Information Sharing

SEBI Plans To Form Office Of International Affairs (OIA) For Surveillance And Information SharingThe Securities and Exchange Board of India (SEBI) has been trying to increase its regulatory powers for long. Initially, SEBI was able to acquire the power to monitor investor’s call records and conduct searches at companies suspected of wrongdoing. Now SEBI is contemplating forming of an office of international affairs (OIA) for surveillance and information sharing purposes.

Information and communication technology (ICT) is increasingly being used for business and other purposes. This results in spreading of relevant information in different parts of the world. In the absence of international cooperation, regulators and law enforcement agencies cannot investigate frauds and crimes effectively. Naturally, SEBI has to coordinate with its international counterparts for effective investigation of security related matters.

SEBI has constituted a full-fledged “International Affairs” team and is also working on a “comprehensive study” to understand the surveillance mechanism of regulators in developed markets like the US, UK, Australia and Hong Kong. The study would include analysis of foreign regulators’ “surveillance infrastructure and techniques to decipher patterns in the trading, formation of associations between entities and gathering of market intelligence including linkage of price volume pattern to market information”. Further, the best practices followed in developed markets relating to surveillance of algorithmic and high-frequency trading, which uses latest technology to execute trades in milli-seconds, would also be looked into.

The office of international affairs (OIA) at SEBI would act as a central facilitation cell for overseas entities having regulatory issues and concerns relating to Indian securities market. In appropriate cases, OIA will seek to flag and coordinate such issues with relevant departments within SEBI. Similarly, securities market participants from India may request OIA for regulatory assistance. The OIA is also tasked with keeping SEBI abreast of global developments, so that necessary steps can be taken by it while introducing and implementing regulatory measures.

While this is a good step in the right direction yet SEBI has to take care of many techno legal issues in this regard. For instance, SEBI has to comply with privacy laws, data protection requirements (PDF), cyber law due diligence (PDF), cyber security requirements,  etc. These regulatory requirements are not clear and this may create trouble for SEBI in the long run. There is an urgent need that Narendra Modi government must ensure privacy to Indians. The e-surveillance policy (PDF) must also be formulated as soon as possible.

Narendra Modi Government Must Ensure Privacy To Indians

Narendra Modi Government Must Ensure Privacy To IndiansPrivacy rights in India have always being ignored by the Congress led government. This was done deliberately and with a sinister purpose to facilitate endemic e-surveillance in India. The Congress led government force e-surveillance projects like central monitoring system (CMS), network and traffic analysis system (NETRA), Aadhaar, national intelligence grid (Natgrid), etc without any procedural safeguards and parliamentary oversight.

Intelligence agencies of India were working in a condition that required immediate parliamentary oversight and intelligence reforms in India.  The intelligence infrastructure of India needed transparency and strengthening in these circumstances. However, Congress government was not interested in bringing such reforms and it kept on violating the civil liberties of Indians in a blatant manner.

The Congress led government was also not interested in formulating suitable privacy laws for India. On the other hand, it was more interested in removing any sort of privacy protection. The Congress government kept on deferring enactment of a dedicated privacy law for India despite suggestions form many committees and experts. The natural question is can Narendra Modi government ensure privacy to Indians?

There are many problems that Modi government would face while ensuring privacy to Indians. We have no e-surveillance policy (PDF) and encryption policy (PDF) in India. We have no dedicated data protection and privacy laws in India (PDF). We have draconian and colonial laws like cyber law and telegraph law that deserve immediate repeal. We have bad cyber security conditions (PDF) and a missing telecom security policy of India. This would raise serious cyber security challenges before the Modi government in near future and would adversely impact the privacy rights of Indians in the cyberspace.

Recently telecom company Vodafone revealed that governments across the world, including India, have been using secret wires to indulge in e-surveillance upon its citizens. The Department of Telecommunication (DoT) is already investigating this issue but till a public report is issued by it very soon, the entire exercise would be time gaining exercise only.

It is high time for Modi government to take some serious steps in the direction of protecting the privacy rights of Indian citizens. Whatever the case may be, we need to ensure civil liberty protection in cyberspace for Indian citizens “At All Costs and By All Means”. The digital life of Indian citizens is not at all safe and is open to various forms of e-surveillance, eavesdropping and phone tapping. Even the very own national identity cards projects of Modi government has serious privacy and constitutional issues as per experts.

In the absence of support form Indian government, self defence is the only viable option left before Indian citizens to safeguard their digital lives. The initiatives titled PRISM Break and Reset the Net are worth exploring in this regard as a “starting point”.

National Population Register (NPR) Would Recognise Citizens Alone For Issuance Of National Identity Cards In India

National Population Register (NPR) Would Recognise Citizens Alone For Issuance Of National Identity Cards In IndiaThe demise of aadhaar number was very obvious as it was a pure illegal and unconstitutional project. The Narendra Modi led government was left with limited options regarding the Aadhaar project and its scrapping was the top choice for it. Now hints have been given by the central government that Aadhaar project may be scrapped ultimately.

However, in order to achieve this task, the central government needs to strengthen its own pet project i.e. National Population Register (NPR). Working in this direction, the home ministry of India has asked the Registrar General of India (RGI) to identify the “citizens” and “non-citizens” while preparing the NPR. The NPR authorities will undertake a door-to-door verification exercise across the country in this regard.

The citizens’ register, to be called the National Register of Indian Citizens, will serve as the database for national identity cards carrying a unique national identity number for each citizen of the country, besides other identification fields. A list of 19 documents – including birth certificate, death certificate, land records, school records – have been identified for proof of citizenship. Regarding non-citizen residents of the country, there is a proposal to issue them resident identity cards, which will be of a colour different from the national identity cards held by citizens.

The Aadhaar project was suffering from a major setback in the sense that it issued numbers/cards to even non citizens and illegal migrants in India. This was resulting in granting of benefits of public welfare schemes to even those who were not entitled to the same.

Sources in the government indicated that UIDAI, which administers the Aadhar scheme, may soon see its role diminished due to de-duplication, even as NPR focuses on biometrics collection. The government will also take a call on whether the existing Aadhar database is to be handed over to the NPR authorities, which may then carry out address verification in line with its security norms.

However, the NPR exercise has its own “Demerits and Constitutional Issues” and they must be resolved first. Simply merging of Aadhaar and NPR biometric data is not a sensible option according to Praveen Dalal. More detailed and constitutional analysis of NPR and national identity cards would be provided by Praveen Dalal very soon.

Himachal Pradesh Vigilance Bureau (VB) Would Recommend Action Against Officers Guilty Of Illegal Phone Tapping

Himachal Pradesh Vigilance Bureau (VB) Would Recommend Action Against Officers Guilty Of Illegal Phone TappingIllegal and unlawful telephone tapping in India has become a major nuisance. In the absence of a lawful interception law in India, telephone tapping is happening in an unregulated manner in India. There is a dire need to formulate dedicated privacy law and telephone tapping law of India as soon as possible in these circumstances. Law enforcement agencies are conducting e-surveillance and phone tapping without any parliamentary regulations and oversight.

Even intelligence agencies of India need parliamentary oversight so that there is a balance between the law enforcement and national security requirements on the one hand and civil liberties of Indians on the other. Similarly, the intelligence infrastructure of India needs transparency and strengthening.

It has now been reported that the Himachal Pradesh vigilance bureau (VB) would recommend action against some officials who have been suspected of departmental misdemeanor in the phone tapping case. The VB has already sought prosecution sanction against former DGP I D Bhandari in the phone tapping case.

Bhandari has already clarified that there was no telephone tapping or bugging under him during the BJP regime. However, a senior VB official, requesting anonymity, said that investigation found Bhandari responsible for illegal tapping of phones as records were not destroyed in the given time and copies of records were found stored in an almirah.

Sources said that vigilance officials in the draft chargesheet prepared in the case have also given clean chit to then inspector general (IG) of CID by describing him as a mere rubber stamp, who only signed letters but never stepped inside the technical cell where phones were being tapped. Sources, however, added that the IG could face departmental inquiry for not dispensing his duty properly.

Other junior-level officers who had tapped phones were not found involved in the crime on the ground that they only obeyed orders of then ADGP (CID) I D Bhandari. Officials said that as per the relevant Act, phone tapping could be ordered only by an IG-level officer or those above him.

Sources said that in some cases permission to tap phones was sought without furnishing complete details and on vague addresses. Officials claimed that investigation concluded that phones were tapped at the behest of then ADGP (CID) I D Bhandari. Sources said that as the home department had no direct role to play in it, neither the home secretary nor the then home minister were included in the chargesheet as nothing criminal was found on their part.

This is another incidence where phone tapping has been conducted in an illegal manner due to lax and illegal laws of India. Time has come to change these draconian and archaic laws as soon as possible.

Google Must Ensure Right To Be Forgotten To Its Users Says European Union Court Of Justice (ECJ)

Google Must Ensure Right To Be Forgotten To Its Users Says European Union Court Of Justice (ECJ)European Union (EU) and European Court of Justice (ECJ) have been stressing real hard to ensure privacy protection to their citizens. While many countries have not been able to persuade companies like Google yet EU and ECJ have been maintaining their strict requirements regarding protection of privacy rights within their jurisdictions.

Similarly allegations of tax avoidance have been labeled against Amazon, Google and Starbucks regarding UK Tax Laws. The European Commission and publishers’ settlement for e-book price fixing is also known to public. The hints are clear that Google, Facebook, Samsung etc may face more scrutiny from EU and US regulators regarding various regulatory issues, including privacy issues.

Unfortunately, countries like United States, India, United Kingdom, etc are working towards curbing civil liberties in cyberspace on the one hand and increasing unconstitutional e-surveillance powers on the other hand. On the other hand, EU has been working in the direction of making consumers’ data and information safe and secure.

The developments of privacy and data protection at the EU are systematic and consistent in nature over a long period of time. Some significant developments in this regard are draft European Parliament Legislative Resolution for General Data Protection Regulation 2009-2014 (PDF), European Parliament’s support for Commission’s efforts to foster EU Citizens’ Rights Memo 14-185 (PDF), MEPs anti surveillance stand against U.S. NSA (PDF), etc. The latest to add to this civil liberties protection list is supporting vote of European Parliament for EU data protection reforms (Word) that have now become irreversible in nature.  The new Data Protection Regulation was approved with 621 votes for, 10 against and 22 abstentions.

Now it has been reported that ECJ has held that Google can be required to remove sensitive information from its Internet search results. The case underlines the battle between advocates of free expression and supporters of privacy rights, who say people should have the “right to be forgotten” meaning that they should be able to remove their digital traces from the Internet.

The ruling is the outcome of a litigation initiated by a Spanish man who complained to the Spanish data protection agency that an auction notice of his repossessed home on Google’s search results infringed his privacy. The case is one of 180 similar cases in Spain whose complainants want Google to delete their personal information from its search results. However, Google maintains that forcing it to remove such data amounts to censorship. The ECJ does not seem to be convinced by this argument of Google and held that the rights of people whose privacy has been infringed outweighed the general public interest.

“If it is found, following a request by the data subject, that the inclusion of those links in the list is, at this point in time, incompatible with the directive, the links and information in the list of results must be erased,” judges said. Thus, people could ask Google to delete sensitive data or go to a relevant authority if Google fails to comply with their request. Adopted in 1995, Europe’s data protection directive is now currently being revised to make the rules stricter.

Indian Supreme Court Seeks Response From Election Commission (EC) Regarding Right To Privacy Attached To Voting

Indian Supreme Court Seeks Response From Election Commission (EC) Regarding Right To Privacy Attached To VotingPrivacy right has not been specifically conferred by the Constitution of India. But the same has been interpreted to be part of Article 21 of the Indian Constitution and is deemed to be a part of life and liberty by the Supreme Court of India. The privacy rights in the information era have further expanded the scope of privacy rights in India. Despite the importance of this basic human rights we have no dedicated data protection laws in India (PDF) and privacy laws in India. In fact, when it comes to respecting Privacy of Indian Citizens, Government of India tries its level best to avoid the same.

For instance, India has launched Projects like Aadhar, National Intelligence Grid (NATGRID), Crime and Criminal Tracking Network and Systems (CCTNS), National Counter Terrorism Centre (NCTC), Central Monitoring System (CMS), Centre for Communication Security Research and Monitoring (CCSRM), Internet Spy System Network And Traffic Analysis System (NETRA) of India, etc. None of them are governed by any Legal Framework and none of them are under Parliamentary Scrutiny.

Now it has been reported that the Supreme Court today sought the response of the Election Commission (EC) on a plea seeking an end to ward-wise counting of votes on the ground that the declaration of result of every polling booth strikes at the root of right to privacy attached to voting.

A bench comprising justices Dipak Mishra and N V Ramana issued notice to the EC and sought its reply by 21 May on a proposal that the result of every parliamentary constituency be declared as a whole and not through ward-wise counting of votes of every electronic voting machine (EVM).

The petition said, “The result of every EVM must not be disclosed.” The bench was hearing a public interest litigation (PIL) filed by Punjab-based advocate Yogesh Gupta submitting that “the uniform way of declaration of result for the entire constituency as a whole would bring balanced growth and balanced funding and it would also reduce cases fuelled by political vendetta, ill will and hatred”.

The petition, which has come four days ahead of the counting of votes for ongoing Lok Sabha election, said the result is again going to be declared by announcing the outcome of every EVM which would lead to adverse impact on the voters as the political parties would harass the electorate in areas where it has not received the votes.

To buttress his contention that an amendment in the system would reduce intimidation and blackmail tactics, the lawyer cited reported threat by Maharashtra Deputy Chief Minister Ajit Pawar to residents of Baramati village on the eve of polling that he would cut off water supply if they did not cast their ballot in favour of his cousin and sitting NCP MP Supriya Sule.

“In the present form of declaration of result the political parties would become aware of the wards where they have not been voted and where they have got maximum votes,” the petition said, adding that “the present form of declaration of results also acts as a catalyst for the registration of false cases based on political vendetta against the persons who have not voted for the victorious parties”.

The advocate submitted that the proposed manner of declaration of results of every parliamentary constituency as a whole would go a long way in restoring the right of privacy as the political parties will not be able to find out the number of votes cast in their favour from different wards and the political parties would only get information regarding the votes cast in the entire constituency.

Electronic Mail (E-Mail) Policy Of India

Electronic Mail (E-Mail) Policy Of IndiaElectronic mail or e-mail has become an indispensable part of government, companies, individuals and businesses alike. However, the obligations and liabilities to use e-mail are different for different stakeholders. Of all the stakeholders, the government owes the strictest responsibility to ensure that it has a robust and cyber secure e-mail infrastructure and policy at place.

Indian government and its departments have not only failed to formulate and implement a robust and cyber secure e-mail policy but they have also been negligent on the front of securing crucial and sensitive government and public data. As on date many sensitive data and documents are residing on the servers of foreign e-mail service providers from where they are openly available to foreign intelligence and security agencies to analyse.

The e-mail policy of India has been in pipeline for long but till now nothing has been done on this regard. This is a serious issue as e-mail is one of the favourite methods of cyber criminals to compromise computer systems and to gain sensitive and personal information. Further, service providers like G-mail are abetting and encouraging commission of cyber crimes as well. E-mail service providers like g-mail, yahoo, hotmail, etc are also facilitating violating the provisions of Public Records Act, 1993 wherever public records are involved.

Realising the seriousness of the situation, Delhi High Court is analysing e-mail policy of India and complaint mechanism to Facebook. The Delhi High Court has also directed central government to issue notification regarding electronic signature under Information Technology Act 2000. An advisory by Maharashtra Government to use official e-mails has already been issued. The Delhi High Court has once again chided the central government and department of electronics and information technology (DeitY) and given them four weeks time in totality to come up with the e-mail policy of India.

DeitY has already issued policy documents in this regard. These include email services and usage policies of Government of India (PDF), NIC policy on format of e-mail address (PDF), password policy of Government of India (PDF), security policy for users by Government of India (PDF) and service level agreement by Government of India (PDF).

Indian government has also failed on the fronts of privacy protection and data protection (PDF). Even the Parliament committee slammed Indian government for poor privacy laws in India. The Supreme Court of India has also prohibited UIDAI from sharing sensitive biometric details of the registered Aadhar users. There is no sense in delaying enactment of e-mail policy of India, privacy law and data protection law of India and the same must be done as soon as possible.