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Encryption of Mobile Apps: May cause harm to individual rights

Corporate Rights and responsibilities in Business Organization:

The versatile's encryption applications will any way if executed will hurt the corporate social rights and obligations; the number of the associations in India has made whatsapp as their authority social stage for portable communications that are in the counselling firm and has a few of the customers who utilize the same. So if government doing all such encryption things into the versatile applications then it will be damage for the association as far as offering/customers points of interest/different business exchange too which ordinarily some way or another happens through all these social stages.
In this way the corporate social rights and responsibilities will be gone and there would have been no freedom of expression with the users.
 

Citizen Rights and Responsibilities and IT Act:

The legal basis given in the IT Act , 2000 under Sections 69 and 84A of the Information Technology Act clearly states that it confers power on the Government to intercept, monitor or decrypt digital information under certain conditions and to prescribe modes and methods of encryption. Information — private or public, harmless chatter or highly sensitive — when generated, transmitted, received or stored is encrypted. The key is the encryption codes. This gives the basis once there is a use of encryption in any of the circumstances encryption can be done by the govt. Bodies if it’s a highly sensitive material or matter.
 
Now if the government wants to have encryption been rolled out in the mobile devices and specially the mobile apps such as Facebook, Twitter, Instagram, Whatsapp it will be a kind of freedom of expression that will be lost for the citizens as ‘Every Eyes On Your Mobile will be On Government’s Side’.
 

Pros and cons of Encryption – w.r.t. to IT Act, 2000 and International Obligations:

As per according to the present criteria, the government’s encryption codes are the property of the government which will be implemented in the mobile apps under the drafted Encryption Policy blithely ignored the realities and challenges of the digital age and they talk about ‘DIGITAL INDIA ’.
 
It asserted the right of the Government to prescribe encryption standards for the three groups of users: Government, Business and Citizens. Vendors of encryption products were obliged to register their products with a government agency and submit working copies of the encryption hardware/software to that agency. This takes into consideration of whether if any of the citizen has deleted the message soon after sending what will be the action of government in this case you cannot sue any of the user as he / she has got the right to use and delete the data as it his asset to perform the changes if government wants to take action in to this thing ‘They should have change their reforms and regulations and cyber security policies to take up will all such issues .What if the user lives in India has deleted the data in USA  will they be catching up that user if say that is a case of National Security also they cannot because they don’t have any policies / laws been made or any treaty been signed with any of the countries to take  up the issues of Cyber Security and National Security .

 

Social Media and Political Vendetta:

 In today’s world social media plays an important game in the politics to win or lose the game. In the earlier elections held in 2014 it was social media who has made BJP – NDA alliance to win the game of battle of Delhi. And now if they are censoring all the social platforms is disgust. Previously when UPA ruled Government was bringing all of a sudden of Censoring the Cyber space there were more uproars all over India and so government has to take back the Censorship.
 

Things to do Before the Implementation of all such Regulatory Controls on the Mobile Apps:

•    Amendment of IT Act, 2000 and adding various laws related to Mobile application , Desktop Applications ,E commerce, FTP Transfer through Mobile apps , Cloud Storage and Cloud Security , Monitoring of Social Media Platforms – Posting  and sharing
•    Cyber Security Treaties should be signed with the Various Countries to cope up with such issues.
•    India should be a member of ‘Cyber Crime Convention’.
•    BCP / DRP related policies in the IT Act, 2000 to follow.
•    Social Media Use related polices should be added in the IT Act, 2000.
•    Use of Wireless in public places should have a separate policy in the  IT Act ,2000

AkanshaTiwari(Information Security Professional)             

&AkshayBajpai (Para-Legal Volunteer, District Legal Services Authority, Bhopal)


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