Developments from Supreme Court and Meity: November

Mr. Neeraj Soni
Mr. Neeraj Soni
Researcher - Policy & Advocacy, CyberPeace
PUBLISHED ON
Nov 11, 2023
10

Introduction

The Supreme Court of India recently ruled that telecom companies cannot be debarred from reissuing the deactivated numbers to a new subscriber. Notably, such reallocation of deactivated numbers is allowed only after the expiration of the period of 90 days. The Apex Court of India also mentioned that it is the responsibility of the user to delete their associated data with their number or any WhatsApp account data to ensure privacy. The  Centre has recently also blocked 22 apps which were part of unlawful operations including betting and money laundering. Meanwhile, in the digital landscape, the Intervention of legislature and judiciary is playing a key role in framing policies or coming up with guidelines advocating for a true cyber-safe India.  The government initiatives are encouraging the responsible use of technologies and Internet-availed services. 

Supreme Court stated that  telecom companies cannot be barred from reissuing deactivated numbers

Taking note of a petition before the Supreme Court of India, seeking direction from the Telecom Regulatory Authority of India (TRAI) to instruct mobile service providers to stop issuing deactivated mobile numbers, the Apex Court dismissed it by stating that mobile service providers in India are allowed to allocate the deactivated numbers to new users or subscribers but only after 90 days from the deactivation of the number. 

A concern of Breach of Confidential Data

The Court further stated, “It is for the earlier subscriber to take adequate steps to ensure that privacy is maintained.” stating that it is the responsibility of the user to delete their WhatsApp account attached to the previous phone number and erase their data. The Court further added that users need to be aware of the Supreme Court ruling that once the number is deactivated for non-use and disconnection, it can not be reallocated before the expiry of the 90-day period of such deactivation. However, after the allotted time passes, such reallocation of numbers to a new user is allowed.   

MEITY issued blocking orders against 22 illegal betting apps & websites

The government of India has been very critical in safeguarding Indian cyberspace by banning and blocking various websites and apps that have been operating illegally by scamming/dupping people of huge sums of money and also committing cyber crimes like data breaches. In recent developments, the Ministry of Electronic and Information Technology (Meity), on November 5, 2023, banned 22 apps including Mahadev Book and Reddyannaprestopro. The Centre has taken this decision on recommendations from the Enforcement Directorate (ED). ED raids on the Mahadev book app in Chattisgarh also revealed unlawful operations. This investigation has been underway for the past few months by the ED.

Applicable laws to prevent money laundering and the power of government to block such websites and apps

On the other hand, the Prevention of Money Laundering Act (PMLA) 2002 is a legislation already in place which aims to prevent and prosecute cases of money laundering. The government also has the power to block or recommend shutting down websites and apps under section 69A of the Information and Technology Act, 2000, under some specific condition as enumerated in the same.

Conclusion

In the evolving digital landscape, cyberspace covers several aspects while certain regulations or guidelines are required for smooth and secure functioning.  We sometimes change our phone numbers or deactivate them, hence, it is significantly important to delete the data associated with the phone number or any such social media account data attached to it. Hence, such a number is eligible for reallocation to a new or early subscriber after the expiration of a period of 90 days from such deactivation. On the other hand, the centre has also blocked the websites or apps that were found to be part of illegal operations including betting and money laundering. Users have also been advised not to misuse the Internet-availed services. Hence, trying to create a lawful and safe Internet environment for all. 

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PUBLISHED ON
Nov 11, 2023
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