Will the Privacy law extend to smartphone data ?

Smartphones are essential devices that we rely on for communication, work, and entertainment. It is important to have laws in place to protect the privacy of the data that we store on our smartphones. There are growing search and seizure of mobile phones by enforcement agencies that is governed by procedure established under law.

The smartphone encapsulates the deepest intimacies of its owner's existence. It is a treasure trove of personal information, and the risk of its contents being revealed to the State or anyone else has far-reaching implications.

From daily conversations and banter, social engagements, business associations and romantic relationships to health conditions, banking transactions, shopping choices, and food preferences to one’s most intimate fantasies, the smartphone knows it all.

Unfortunately, there has been repeated instances of mobile companies invading the privacy of their users to advance their business interests.

‘Enhanced Intelligent Services’ feature on Realme phones is a data collection feature that is turned on by default. After the public backlash on this feature, Realme has rolled out a new software which disabled the default option for ‘Enhanced Intelligent Services’.

In the past, OnePlus has admitted to collecting all important information from the phones running on its OxygenOS without the consent of users. The reasoning provided by the OnePlus co-founder, Carl Pei, the company was collecting data to “better understand general phone behaviour and optimise OxygenOS for a better overall user experience”

Even Xiaomi has been known to collect large amounts of user data. Researchers found that the device’s default Xiaomi browser recorded all the websites that a user visited, including search engine queries whether with Google or the privacy-focused DuckDuckGo, as well as every item viewed on a news feed feature of the Xiaomi software. The tracking supposedly continued even after the users used the private “incognito” mode for browsing.

The device also recorded what folders a user opened and to which screens they swiped, including the status bar and the settings page. All of the data was being packaged up and sent to remote servers in Singapore and Russia, though the Web domains hosted by them and registered in Beijing.

India is one of the largest smartphone markets, with over 600 million active users, which is only bound to increase further. We must advocate for stronger privacy laws and regulations. We need to hold companies and the State accountable for the way they collect and use our data.

The growing awareness can help to protect our privacy and our safety.

Dr. Deepak Kumar Sahu, President & CEO, VARINDIA