The recent battle between the Indian Army and Chinese Soldiers in Galwan Valley has resulted in diplomatic war and now duet to non-responsive nature of china Diplomats, Indian administrative authorities have decided to Ban 59 web services, which includes TikTok, Share it, Cam Scanner, etc.
Earlier too Chinese tenders are boycotted and not allowed in Indian Development Programmes. Although Indian citizens Seemed happier of her the particular action against china as it may hove fulfilled patriotic. Sentiments fo people but the question arises that in this democratic nation. Such reasonable actions by the Government Undermines legal processes and democratic norms. The Decision could have come through a legal process. In India ‘Title of Section 69D of the Information technology Act,2000’.
“Power to issue direction for blocking for public Access of any Information through any computer resource”.
According to the ministry the apps were violating privacy norms and were hurting the Sovereignty and Integrity of the Nation.
Although it must have given a strong message to china still India needs to focus on two major concerns through legislation. The first one is privacy and data protection where the government has failed. For decades and the Second one if from where we are receiving investments and will there invertors pose any kind of cybersecurity threat? with emerging technology.
The Tension between India and china may natural after several talks but if the trade is impacted during the mean times it may take good years to revive the same trade capacity and trust.
Legal Processes and Democratic Norms:-
- Lack of Transparency:- The first concern arises due to a lack of transparency in website blocking. The government didn’t issue and kind of directions for blocking such applications.
- Lack of Debate:- The Home Ministry’s assessment may not have been technically examined or debated on the floor of the house. Furthermore, the legal order has not yet been published or ben made publically available.
- Without pre-decisional hearing:- The ban has been imposed without any form of pre-decisional hearing. In such a process, an aggrieved party has the right to defend itself but this didn’t happen in this case.
- No Mention of china:- Though these 59 apps belong to china, there is not even mentioned in china. The text of the order does not state any such thing.
- Other Claims:- The ban is also expected to be a big shocking block for firms such as Beijing- based Bytedance which had plans to invest $ 1 billion in India, open a local data center, and had recently ramped up hiring the country.
Impacts of Ban of Chinese apps and progress:-
- The applications engaged in activities “Prejudicial to sovereignty and integrity of India, defense of India security of the state and public order.
- Byte Dance had planned to invest in India. It had the capability to create a million job employment will be get affected.
- The tension between India and China reached to next level after border conflict to digital strike by India.
- India may have to face the World Trade Organisation. If china approach for infringement of marketing Policies.
Solution and Way Forward by the Decision taken by Government of India:-
- This decision was taken due to a serious threat of leaking data.
- To make this Permanent Government need to make sure that what data points will be used to explain their view.
- India can seek experience from California which has distinct details and code of conduct for app developers.
- The Government shall enforce quickly the Privacy Protection Bill 2019 which is pending on the Joint Parliamentary Committee.
India as a nation has never given focus to and ad-based ecosystem and support financially to an app developer
Because at the end of the day, the digital present and digital future is a part of the digital ecosystem. Hence, we need to be cautious as above our privacy and data protection. This could only be possible if policies and laws regarding to data protection as soon enforced and implemented.