JUL 11, 2022 | ASIA PACIFIC
Trade Body Finds Privacy, Cybersecurity Issues in IT Rule Tweaks
Moneycontrol, July 11, 2022
By Aihik Sur
The Software Alliance explained that when the requirement of "ensuring" users’ compliance requirement is applied to enterprise service providers there can be “significant privacy and cybersecurity concerns.”
In a written submission to the Ministry of Electronics and Information Technology (MeitY), the trade body Software Alliance opined that the scope ‘ensuring’ users’ compliance, and ‘cause’ users to not host, display, any ‘unlawful’ information may contradict the Supreme Court’s decision in the Shreya Singhal vs Union of India case. It further said, “Intermediaries lose protection (safe harbour) if they do not remove unlawful content even after receiving “actual knowledge” regarding such content. In Shreya Singhal v. Union of India, the Supreme Court clarified that actual knowledge shall mean the receipt of a valid court order or official government order. It could lead to intermediaries being required to block even legitimate content to ensure compliance and impact free speech of users online.”
BSA | The Software Alliance (www.bsa.org) is the leading advocate for the global software industry before governments and in the international marketplace. Its members are among the world’s most innovative companies, creating software solutions that help businesses of all sizes in every part of the economy to modernize and grow.
With headquarters in Washington, DC, and operations in more than 30 countries, BSA pioneers compliance programs that promote legal software use and advocates for public policies that foster technology innovation and drive growth in the digital economy.