PRIVACY CHALLENGES IN TELECOMMUNICATION ACT 2023: A COMPARATIVE LEGAL ANALYSIS
AUTHOR – SHASWAT JENA, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, UTTAR PRADESH
BEST CITATION – SHASWAT JENA, PRIVACY CHALLENGES IN TELECOMMUNICATION ACT 2023: A COMPARATIVE LEGAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1213-1221, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
In December 2023, the anticipated Telecommunication Act 2023 was executed, prioritising the development of a strong security framework to protect essential mobile networks from cyber threats and unauthorised access. Telecommunication networks, being prime targets for cybersecurity threats, necessitate stringent data protection measures to mitigate risks effectively. This research emphasizes procedural shortcomings identified by the various judicial trends and examines instances such as Section 66A of the Information Technology Act and that its use in cyber weapons like Pegasus[1] exceeds the authority, falling into the realm of hacking, a criminal offense and essentially an attack on the basic right of one’s privacy which is an integral part of Right to life. It is imperative to ensure that data processed within the telecommunications domain adheres strictly to prevailing data protection laws. This includes obtaining explicit authorization for any deviations from compliance and ensuring that all processing activities align with principles of legitimacy, necessity, and proportionality.
[1] Nilesh Navalakha v. Union of India, 2021 SCC OnLine Bom 56