TRAI recommendations: In the first data privacy blueprint, data regulator TRAI on Monday released recommendations related to privacy, security, and ownership of data in the telecom sector. However, the data regulator hasn’t clearly answered issues related with law enforcement, research, and quality of services, The Indian Express analysis said. TRAI, in its consultation paper, listed these three areas where privacy exception could be legal. Nevertheless, it doesn’t list down any particular exception recommendations.
On the issue of data localisation, that directly deals with data storage within national borders or a less-restrictive cross-border data flow, TRAI doesn’t make a clear point, even though it listed advantages or disadvantages of data localisation.
The Indian Express analysis also points towards TRAI’s weak stand on technology-based approach to auditing. “The report suggested a hybrid human and technology approach to audit compliance with the data protection law, as seen in the EU’s GDPR, but did not make further specific audit recommendations,” The Indian Express analysis said.
Meanwhile, among the host of recommendations by TRAI, people being the sole owners of their data is the most significant. Data subjects should own their data, leaving the controllers and processors of that data as mere “custodians [with no] primary rights over this data,” People have the sole right to their data and companies are just custodians of this data, TRAI said. Data subjects should own their data, leaving the controllers and processors of that data as mere “custodians [with no] primary rights over this data,” according to recommendations released by the telecom regulator. TRAI also said that data security breaches may take place in-spite of adoption of best practices.The data users enjoy the rights of choice, notice, consent, data portability, as well as the right to be forgotten, according to the recommendations released by telecom regulator on Monday.
The suggestions by TRAI are being seen as inputs to draft data protection Bill that is likely to be released soon by a Ministry of Electronics and Technology committee.