CJI to hear plea challenging TRAI’s regulation

Justice Sharad Arvind Bobde, the Chief Justice of India will deal with the matter of the Public Interest Litigation filed by Advocate Reepak Kansal through Advocate-On-Record Harisha S. R. questioning “The Telecom Commercial Communications Customer Preference Regulation 2018” issued by the Telecom Regulatory Authority of India claiming that it violates the right to privacy of the citizens with was declared as a fundamental right in the K.S.Puttaswamy v Union of India judgement.

As according to the latest directive issued by the TRAI on commercial SMSes creates a huge database of user preferences, consent and content of SMS received on a mobile number and sharing it across multiple business entities without the consent of the customer thereby violating right to privacy. The PIL egged on the Supreme Court to remove this TRAI’s directive. As according to Advocate Reepak Kansal.

“This regulation infringes upon the privacy of individuals at all levels, by creating a priceless, mega database of commercial relationships, habits and preferences of each and ever and every mobile phone user, that is more than a 100-crore individuals,”

The regulation makes all the business organisation, banks and financial institutions, airlines, government bodies, political parties, welfare organizations, as well as the the Supreme Court of India, compulsory to register itself on a proposed Distributed Ledger Technology based portal, with all client database, as well as individuals’ preference database, according to the PIL.

 

“…such information about transactions of any nature being done by individuals would hit at the very root of the privacy of an individual i.e. information related to his/her payments, business dealings, personal nature expenditures, health related or financial, private information like consumption habits, personal travel history, etc.”

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