Technology, Media and Telecom

The Ministry of Electronics & Information Technology (MeitY) have constituted a committee of experts to deliberate a data governance framework along with issuing an Office Memorandum No. 24(4)/2019-CLES dated 13 September 2019  to create an 8 member committee (NPD Committee) to study issues and make suggestions pertaining to the regulation of non-personal data (NPD). The NPD Committee has published a report titled ‘Report by the Committee of Experts on Non-Personal Data Governance Framework’ on 12 July 2020 (NPD Report).

In an encouraging move that may deliver a vital thrust into the investment-intensive, yet cash-stripped Indian telecom sector, the Telecom Regulatory Authority of India (TRAI) in its recommendations dated 13 March 2020 (Recommendations) has proposed that ‘passive’ telecom infrastructure providers registered with the Department of Telecommunications (DoT) as Infrastructure Provider Category – I (IP-I), should be allowed to ‘own’ certain active telecom infrastructure, for establishing and providing to ‘eligible service providers’.

The Department of Telecom (DoT) has issued a notification dated 13 March 2020 (Notification) which temporarily liberalises conditions stipulated under the ‘Terms and Conditions – Other Service Provider (OSP) Category’ (OSP Guidelines) with respect to ‘Work From Home’ (WFH) for a period up to 30 April 2020 (Exemption Period).

There have been several instances of Internet shutdown across the country, which has put the right of freedom of speech and expression in jeopardy. 

The Telecom Regulatory Authority of India (TRAI) has issued a pre-consultation paper on ‘Enabling unbundling of different layers through differential licensing’ on 9 December 2019 (PCP). The PCP has been issued pursuant to a reference received from the Department of Telecommunications (DoT) under which the DoT has sought TRAI’s recommendations for achievement and implementation of specific objectives set forth under ‘Connect India’ and ‘Propel India’ missions of National Digital Communications Policy 2018 (NDCP).

At present, India does not have an exclusive and comprehensive data protection legislation. Certain provisions pertaining to data protection are incorporated in the Information Technology Act, 2000 (IT Act) and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (SPDI Rules) framed under the IT Act. Additionally, there are sector specific regulations, e.g. in relation to payment systems, telecom, healthcare etc. that stipulate certain obligations in relation to protection of personal data and information.

The Telecom Regulatory Authority of India (TRAI) has issued its recommendations relating to the regulatory terms and conditions for ‘other service providers’ (OSPs) on 21 October 2019. These recommendations are a culmination of a six-month long consultation process, which involved submissions by various stakeholders including multinational companies, industry bodies and associations, as well as detailed deliberations during the open house discussion, which were instrumental in highlighting the key concern areas of the industry.