Our Counter Comments to MeitY on the Draft Intermediaries Guidelines (Amendment) Rules, 2018

The Draft Information Technology [Intermediaries Guidelines (Amendment) Rules], 2018 (“the Draft Rules”), were issued by the Ministry of Electronics and Information Technology (“MeitY”) on the 24th of December, 2018. The Draft Rules seek to amend existing ‘due diligence’ guidelines [The Information Technology (Intermediaries Guidelines) Rules, 2011] which are to be followed by ‘intermediaries’ [as per the Information Technology Act, 2000 (“IT Act”)].

Our Comments to MeitY on the Draft Intermediaries Guidelines (Amendment) Rules, 2018

The Draft Information Technology [Intermediaries Guidelines (Amendment) Rules], 2018 (“the Draft Rules”), were issued by the Ministry of Electronics and Information Technology (“MeitY”) on the 24th of December, 2018. The Draft Rules seek to amend existing ‘due diligence’ guidelines [The Information Technology (Intermediaries Guidelines) Rules, 2011] which are to be followed by ‘intermediaries’ [as per the Information Technology Act, 2000 (“IT Act”)].

Joint Letter to MeitY Addressing Key Issues with the Draft IL Rules, 2018

The Ministry of Electronics and Information Technology, Government of India ("MeitY"), released the Draft Intermediaries Guidelines (Amendment) Rules, 2018 on the 24th of December, 2018 ("the Draft Rules"). The Draft Rules seek to amend the existing Intermediaries Guidelines, which enlist certain conditions for online intermediaries to follow in order to qualify for the safe-harbour protection offered to them under Section 79 of the Information Technology Act, 2000.

What has been changed in the Aadhaar Amendment Bill?

On Wednesday, 02 January 2019, we got our first look at The Aadhaar and Other Laws (Amendment) Bill, 2018. On Friday, 04 January 2019, this Bill was passed by the Lok Sabha. We compared this Bill with the existing provisions under The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 and the Supreme Court’s judgment in Justice K.S. Puttaswamy (Retd.) & Anr. vs Union of India & Ors. [W.P. (C) 494/2012], better known as the Aadhaar case.

The word 'Regulation' below refers to the Aadhaar (Authentication) Regulation, 2016.

The Aadhaar and Other Laws (Amendment) Bill, 2018

 

Today, the Central Government introduced, The Aadhaar and Other Laws (Amendment) Bill, 2018 in the Lok Sabha. The Bill seeks to amend the Aadhaar Act, 2016 to comply with the conditions as set out in the Aadhaar judgment of the Supreme Court (Justice KS Puttaswamy v. UOI) [WP (Civil) No. 494 of 2012] and amend the Indian Telegraph Act, 1885 and the Prevention of Money-Laundering Act, 2002 to introduce voluntary linking of Aadhaar details with mobile connections and bank accounts.

FAQs on the Aadhaar Judgment

1. Can Aadhaar be required for getting a new mobile connection? Is linking Aadhaar with mobile number mandatory?

No. The Supreme Court of India in Justice K. S. Puttaswamy (Retd.) and Anr. v. Union Of India And Ors. (CWP 494 of 2012) has held that mobile service companies cannot ask for Aadhaar from subscribers. The majority opinion held that the circular dated March 23, 2017 mandating linking of mobile number with Aadhaar is illegal and unconstitutional as it is not backed by any law.

Full text of the 1448-page Aadhaar Judgement

The Supreme Court has delivered its much awaited judgment in the Aadhaar case, wherein the majoirty view, comprised of -  Dipak Misra CJI., AK Sikri J., AM Khanwilkar, J. and Ashok Bhushan J. (though Bhushan J. dissented with the majority on certain points) upheld the constitutionality of the Aadhaar Act, 2016 barring a few provisions on disclosure of personal information, cognizance of offences and use of the Aadhaar ecosystem by private corporations. DY Chandrachud J. delivered a dissenting opinion debasing the entire Aadhaar scheme along with the Act.

Round Table Discussion on the Personal Data Protection Bill: 27th September (Thursday) at Cochin

The Ministry of Electronics and Information Technology has sought comments on the Draft Personal Data Protection Bill, 2018 by the 30th of September 2018. We are holding a Round Table discussion on the draft Bill on 27 September 2018 (Thursday) at the Abad Plaza, MG Road, Cochin from 4.30pm to 8.00pm with GTech (GTech is the collaborative of IT companies in Kerala) as our partner. This is an invite only event with experts from Civil Society, Government, Academia, Industry and Media.