India Is Not Ready For Cloud Computing

Lots of concerns have been raised regarding use cloud computing in India. Some of them have even challenged the desirability and rationale of use of cloud computing in India. Still cloud computing is a profitable industry and lots of commercial cloud computing vendors are pushing hard to impose the same for public delivery of services by Indian government.

India has no legal framework for cloud computing and cloud computing regulations in India are missing. India has no dedicated privacy laws, data protection laws and data security laws. Even leading techno legal expert of India Praveen Dalal believes that India should not use Software as a Service (SaaS) and cloud computing for crucial governmental services.

Further e-surveillance projects like Aadhar/UID project, national intelligence grid (Natgrid), crime and criminals tracking and networks systems (CCTNS), central monitoring system (CMS), etc are also beyond judicial scrutiny and Parliamentary oversight.

In these circumstances, use of cloud computing in India is a landmine for privacy violations. Indian government is imposing various projects without any legal framework and civil liberty safeguards. Any person or institution can take the sensitive and personal data of others and can use it for commercial purposes.

Take the example of telemarketing industry of India. The telecom policy of India is anti consumer that is openly violating privacy rights of Indians. The telemarketing lobby would never allow regulation of telemarketing calls and messages in India. Neither the ministry of communication and information technology nor the telecom regulatory authority of India (TRAI) is serious about protecting the privacy of Indian citizens.

Just like telemarketing, data and sensitive details, including biometric data held by unique identification authority of India (UIDAI), of Indians would pass into the hands of telemarketing industry and other commercial and advertisement companies.

In these circumstances, the only conclusion that is valid is that India is not yet ready for cloud computing and SaaS and adopting the same would be a big mistake on the part of Indian government.

Data Protection Law In India

Data protection is an important aspect of privacy rights protection and commercial expediency. On the one hand it ensures that privacy rights are respected by not divulging the sensitive information whereas on the other hand it is “must have” requirement of many business models.

Outsourcing industry relies heavily upon a sufficient and strong data protection law. In the Indian context, outsourcing industry is relying upon contractual terms as there is no dedicated data protection law in India. This is also hampering the outsourcing business to a great extent.

However, although commercial aspects of data protection can be ignored to a certain limit, this cannot be said about the constitutional requirements of privacy protection in India.

According to Praveen Dalal, a Supreme Court lawyers and leading techno legal expert of India, we have no “Dedicated” Data Protection Law in India. Even India does not have a Data Security Law and Privacy Law. This makes the sensitive information and personal details of Indian Citizens “Highly Vulnerable” to misuse, informs Dalal.

If we analyse this situation in the light of recent e-surveillance projects of Indian government, the matter becomes worst. E-surveillance projects like Aadhar/UID, national intelligence grid (Natgrid), crime and criminals tracking networks and systems (CCTNS), central monitoring system (CMS), etc are not supported by any legal framework and parliamentary oversight.

What is ironical is that Intelligence Agencies of India and Law Enforcement Agencies of India themselves are not subject to any “Parliamentary Scrutiny”, informs Praveen Dalal. Indian Government must maintain a “Balance” between National Security and Civil Liberties, suggests Dalal.

When intelligence agencies are themselves outside the purview of parliamentary oversight and there are no privacy laws, data protection laws and data security laws, we cannot trust Indian government and its agencies much. Even the phone tapping in India is done in an unconstitutional manner in India.

In this background, it becomes absolutely essential for the Supreme Court of India to interfere. A writ petition regarding protection of privacy rights of an individual is already pending before the Supreme Court of India and let us hope the court would do the justice once more.

Intelligence Agencies Of India Need Parliamentary Oversight And Reforms

The intelligence agencies of India need urgent reforms and Parliamentary oversight. Presently, these agencies are enjoying a protection of secrecy, non accountability and lack of Parliamentary oversight.

Surprisingly, Parliament of India has been very lax in bringing these agencies under some sort of accountability and legislative oversight. The legislations like Official Secret Act provided immunity and blanket protection to the works of these agencies whereas other transparency legislation like Right to Information Act, 2005 are simply not applicable to them.

In the absence of any legal framework governing the functioning of these agencies and lack of Parliamentary oversight, how the performance and acts of these agencies can be analysed is a big question.

While none can dispute the importance of national security yet there should be a balance and reconciliation between national security and civil liberties in India. According to Praveen Dalal, a Supreme Court lawyer and leading techno legal expert of India, Projects like Aadhar/UID, National Intelligence Grid (NATGRID), Crime and Criminal Tracking and Systems (CCTNS), Central Monitoring System (CMS), etc are required for National Security but Civil Liberties and Fundamental Rights are also of Prime Importance.

Thus, when civil liberties are neglected for the sake of some assumed national security, it is a constitutional failure. For instance, the present unconstitutional phone tapping practices adopted by Indian government and its security and intelligence agencies has already become a constitutional failure. If Parliament of India does not intervene immediately, people would loose faith upon constitution of India.

The truth is that intelligence agencies of India need urgent Parliamentary oversight and administrative reforms.