cover image: CIS’s Comments to “The Telecommunications Bill, 2023” 22 December 2023


CIS’s Comments to “The Telecommunications Bill, 2023” 22 December 2023

6 Jan 2024

Even if one were to accept the argument that the scope of the Bill has been deliberately kept wide so that the government has the power to regulate all means of telecommunication in order to prevent mischief and illegal activities, the problem arises with the onerous language of section 3(1) which makes it compulsory to obtain an authorisation from the Central Government for any and all telecommun. [...] The Supreme Court while looking at the constitutionality of the Aadhaar Act upheld the need for banking and financial institutions to require an individual’s Aadhaar number stating the legitimate aim of preventing money laundering; however, the Court struck down the provision that required any private entity to collect Aadhaar details. [...] Justice Bhushan held that the collection by private entities violated the right to privacy, by failing the first prong of the test laid down in Puttaswamy judgement, the test of legality.3 More importantly, through the requirement of ‘verifiable biometric based identification’, the Bill is likely to nudge telecom service providers to incorporate Aadhar Based identification, even though the Indian. [...] The Supreme Court has held that any infringement of the right to privacy should be proportionate to the need for such interference.12 The judgement in the Puttaswamy case provides some guidance to assess the limits and scope of the constitutional right to privacy in the form of the three prong test. [...] Duty of users Section 29 - While listing out the duties of the users the Act puts the onus on the user to furnish correct information.
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