The government has banned 59 Chinese apps, including Tiktok, UC Browser, citing security and privacy. But the expert says there is no clear law in India in this case and it will not be easy to prove the allegations made by the government.
In fact, section 69A of the IT Act has sufficient powers with the government to ban any internet-based application. But the government will have to justify its decision on a legal basis.
“There is a possibility that Chinese apps oppose the government’s ban,” says Virag Gupta, a cyber affairs lawyer. The expert says that considering the legal, constitutional, and digital capabilities of the government, in this case, the matter appears to be a little trapped.
The government will have to give evidence
No evidence about these apps has been reported in the order given by the Ministry of Electronics and IT. “Some mobile apps on Android and iOS platforms are stealing users’ data in an unauthorized manner and secretly sending it to servers outside the country,” it said.
Hard to prove
“It will be difficult for the government to prove that users’ data is being shared with the Chinese government and under which law it is illegal,” says the founder of a cyber law firm. The government may simply refer to the Supreme Court’s 2007 order that talks about the right to privacy.
“There are no proper laws on data protection and privacy,” says Virag Gupta. Similarly, there is no fixed regulator to enforce cyber law. Now it comes to everyone’s authority, police, NITI Aayog, TRAI, Mha, etc.”
Example of site
Take the example of Ban on sites in the country. After being banned in 2018, many people still get to internet service providers by deceiving the ISP blocking system. Similarly, the Ministry of Communications imposed a ban on WeTransfer last month. But the file-sharing company has refused to cooperate with the government and many ISPs have not yet blocked WeTransfer.
How will the ban apply?
To enforce the ban on Chinese apps, the government must coordinate with Apple, Google, and hundreds of internet service providers in the country. The IT Act does not come under the purview of the State Governments. Therefore, it will be very difficult to put pressure on local ISPs in a state.
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