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Source: The post is based on the article “House Asks What’s Up- Govt overriding of the right to privacy in special circumstances needs parliamentary oversight” published in “The Times of India” on 17th October 2023.
Syllabus: GS3- Security- basics of cyber security
News: The Indian government wants WhatsApp to identify creators of fake politician videos using the 2021 IT Rules. WhatsApp argues it’s a privacy issue. There are technical and privacy challenges. More oversight is needed. Parliament should check the government’s actions, like in other countries.
What is the Indian government’s view on this issue?
The Indian government wants to identify creators of fake politician videos on WhatsApp.
They cite the IT Rules from 2021 as their legal basis.
The government believes these deepfakes can undermine the electoral process.
They argue that while the right to privacy is fundamental, reasonable restrictions can be placed, as noted by the Supreme Court in 2017.
The state of Tripura, for instance, has already invoked these IT Rules.
What is WhatsApp’s view on this issue?
WhatsApp is against sharing information about the creators of fake politician videos.
They challenge the constitutional validity of the IT Rules from 2021 that demand traceability of message originators.
WhatsApp believes that these demands run counter to the right to privacy.
The company argues that these provisions contradict established jurisprudence on privacy rights.
They face the technical challenge of modifying the app to allow for traceability of the originator.
What are the main concerns?
Technical Challenges:
Apps like WhatsApp would need modifications to trace message originators.
Privacy Issues:
There’s potential for government invasions of individual privacy.
Rules like the IT Rules 2021 could be misused for broad reasons, like “security of the state”.
Oversight Concerns:
The IT Rules allow the executive branch to initiate traceability.
More robust checks are needed, similar to practices in mature democracies, to prevent misuse of power.
