The government has given itself the “master key” to access major consumer databases maintained by companies in different sectors. Under new regulations made under the Information Technology Act, government can ask companies to share sensitive personal information about their customers. Sensitive personal information would cover medical records and history, information about physical, physiological and mental health, sexual orientation, credit and debit cards, biometric information and passwords. Under the new rules any government agency required under law to obtain information for the purpose of verifying identity, or for prevention, detection, investigation, prosecution, and punishment of offences can ask a company to give sensitive personal information held by it about an individual. There are no checks on this power, except that the request for information be made in writing, and stating clearly the reason for seeking the information. Usually information requests have certain inbuilt checks. For example, search warrants in criminal cases are issued by a court. Tapping of telephones or interception of electronic communication can only be authorised by the Union or the State Home Secretary after following a prescribed process. The new Bill for Unique Identification Number (UID) permits such use only by the order of a court, or for national security (by an order of an authorised officer of at least Joint Secretary rank in the central government).
The National Telecom Policy was adopted by the cabinet on May 31, 2012. It was released in public domain later in June. Among other things, the policy aims to provide a single licence framework, un-bundle spectrum from licences, and liberalise spectrum. Previously, the central government had decided to unbundle spectrum and licenses for all future licences on January 29, 2011. TRAI too in its recommendation dated May 11, 2010 and April 23, 2012 sought to de-link spectrum from licences. The Supreme Court in the 2G judgment had held that spectrum should not be allocated on a first-cum-first-serve basis and should instead be auctioned. In the April 23 recommendations, TRAI has detailed the mechanism for auctioning spectrum. TRAI has also recommended moving to a unified licence framework under which a single licence would be required to provide any telecom service. It has also recommended that spectrum should be liberalised so that any technology could be used to exploit it. The new policy is in line with the government decisions and TRAI recommendations discussed above. The policy also aims to achieve higher connectivity and quality of telecommunication services. Its key features are detailed below.
The policy as adopted can be accessed here.