What is “Traceability Provision” of IT rules 2021?

What is the News? WhatsApp has approached the Delhi High Court. It is challenging the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules,2021 traceability provision of IT rules.

What has WhatsApp challenged in the Delhi High Court?

• Firstly, WhatsApp has challenged the traceability provision in the Information Technology Rules,2021.
• Secondly, The traceability provision requires the social media platforms to compulsorily identify the first originator of the information in India upon government or court order.

WhatsApp’s arguments against this traceability provision of IT rules:

• Firstly, the traceability provision forces WhatsApp to break the end-to-end encryption on its messaging service.
  • End-to-end encryption ensures that no one can read the message, except for the sender and the receiver. This includes WhatsApp itself.
• Secondly, the clause also infringes upon the fundamental rights to privacy and free speech of hundreds of millions of citizens. As users will not be able to communicate privately and securely.
  • WhatsApp has invoked the 2017 Justice K S Puttaswamy vs Union Of India case to argue that the traceability provision is unconstitutional and against people’s fundamental right to privacy.

Government’s clarification on WhatsApp’s traceability provisions of IT rules

• Firstly, the requirement of tracing the origin of flagged messages under the new IT rules is for prevention and investigation of very serious offenses. Which are threats to the sovereignty of India or public order.
• Secondly, countries such as the UK, US, Australia, New Zealand and Canada also have a similar provision. Which requires social media firms to allow for the legal interception.
• Thirdly, therefore, WhatsApp’s attempt to portray the IT rules of India as contrary to the right to privacy is misguided.

Source: The Hindu