The government’s assertion that traceability constitutes a reasonable restriction to the right to privacy fails the necessity and proportionality test, laid down by the Indian Supreme Court in the Puttaswamy judgement, to assess whether a restriction to the right to privacy is reasonable. [...] The traceability mandate imperils the human rights of millions of users for the mere possibility of identifying a few miscreants online. [...] Traceability impedes users’ rights to a greater extent than necessary to achieve the stated objectives, and the relevant provision in the rules is devoid of any material safeguards against abuse, which is a necessary element of the test. [...] We urge the government to reconsider the enforcement of these rules as they are prejudicial to the fundamental right to privacy and freedom of expression guaranteed by the Indian Constitution. [...] Companies must share, transparently and publicly, details of the number and the nature of requests for information or directions for content moderation received from government agencies, the grounds on which the requests were made, and the manner in which the company responded, including the information that was disclosed.
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- Published in
- United States of America
