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Income Tax Returns for AY 2020-21: Ready Referencer

With the extended time limit for filing of Income Tax Return (for AY 2020-21), u/s. 139(1), without late fees, for Non-Audit cases and for Non-Corporate assessees of 31st December 2020 fast approaching, given below is a quick guide for ready reference of some key changes that have been made in the respective Income tax return forms for this year.

Further, the conditions and features for eligibility of forms that are applicable for filing the correct income tax returns are also specified as follows:

Key Procedural Changes:

  • ITR 1 to ITR 4 can be filed using PAN or Aadhar by Individuals.
  • The submitted ITR forms display the ITR-V with a watermark ‘Not Verified’ until the same is verified either electronically by EVC or by sending the same via post after manual signing.
  • The unverified form ITR-V will not contain any income, deduction and tax details. The unverified form will only contain basic information, E-filing Acknowledgement Number and Verification part.
  • The unverified acknowledgement is titled as ‘INDIAN INCOME TAX RETURN VERIFICATION FORM’ & final ITR-V is titled as ‘INDIAN INCOME TAX RETURN ACKNOWLEDGEMENT’.
  • Return filed in response to notice u/s. 139(9), 142(1), 148, 153A, and 153C must have DIN.
  • There is a separate disclosure for Bank accounts in case of Non-Residents who are claiming income tax refund and not having a bank account in India.

COVID related Changes:

  • The Government had extended the time limit for claiming tax deduction u/CH VIA to 31st July 2020, and the details of the same need to be reported in Schedule DI (details of Investment).
  • The time limit for investing the proceeds or capital gains in other eligible assets, so as to claim exemptions u/s 54/ 54B/ 54F/ 54EC, had been extended to 30th September 2020.
  • Penal interest u/s. 234A @ 1% p.m., where the payments were due between 20-03-20 to 29-06-20 and such amounts were paid on or before 30-06-20, had been reduced to 75%, vide ordinance dated 31-03-20.
  • Period of forceful stay in India, beginning from quarantine date or 22-03-20 in any other case up to 31-03-20, is to be excluded, for the purpose of determining residential status in India.[1]

Consequences of Late filing of Return of Income:

  • Late Fees u/s. 234F of INR. 5,000 up to 31.12.20 and INR. 10,000 up to 31.03.21. In case of total income up to 5 Lacs, the penalty is INR. 1,000.
  • Penal Interest u/s. 234A @ 1% per month
  • Reduced to 75%. vide Ordinance dated 31.03.20, where the payments were due between 20.03.20 to 29.06.20, and such amounts were paid on or before 30.06.20.
  • Vide CBDT Notification dt 24.06.2020, no interest u/s 234A if Self-Assessment tax liability is less than 1 Lac and the same has been paid before the original due date.
  • In case of a belated return, loss under any head of Income (except unabsorbed depreciation) cannot be carried forwarded.
  • Deduction claims u/s. 10A, 10B, 80-IA, 80-IB, etc would not be allowed.

Consequences of Late filing of Return of Income:

  • Late Fees u/s. 234F of INR. 5,000 up to 31.12.20 and INR. 10,000 up to 31.03.21. In case of total income up to 5 Lacs, the penalty is INR. 1,000.
  • Penal Interest u/s. 234A @ 1% per month
  • Reduced to 75%. vide Ordinance dated 31.03.20, where the payments were due between 20.03.20 to 29.06.20, and such amounts were paid on or before 30.06.20.
  • Vide CBDT Notification dt 24.06.2020, no interest u/s 234A if Self-Assessment tax liability is less than 1 Lac and the same has been paid before the original due date.
  • In case of a belated return, loss under any head of Income (except unabsorbed depreciation) cannot be carried forwarded.
  • Deduction claims u/s. 10A, 10B, 80-IA, 80-IB, etc would not be allowed.

Vide CBDT Notification dt 24.06.2020, no interest u/s 234A if Self-Assessment tax liability is less than 1 Lac and the same has been paid before the original due date.

  1. Section 5A: Apportionment of income between spouses governed by the Portuguese Civil Code.
  2.  115BBDA: Tax on dividend from companies exceeding Rs. 10 Lakhs; 115BBE: Tax on unexplained credits, investment, money, etc. u/s. 68 or 69 or 69A or 69B or 69C or 69D.
  3. Inserted in sec 139(1) by Act No. 23 of 2019, w.e.f. 1-4-2020:

Provided also that a person referred to in clause (b), who is not required to furnish a return under this sub-section, and who during the previous year:

  • has deposited an amount or aggregate of the amounts exceeding one crore rupees in one or more current accounts maintained with a banking company or a co-operative bank; or
  • has incurred expenditure of an amount or aggregate of the amounts exceeding two lakh rupees for himself or any other person for travel to a foreign country; or
  • has incurred expenditure of an amount or aggregate of the amounts exceeding one lakh rupees towards consumption of electricity; or
  • fulfils such other conditions as may be prescribed,

Shall furnish a return of his income on or before the due date in such form and verified in such manner and setting forth such other particulars, as may be prescribed.

4. Section 57: Deduction against income chargeable under the head “Income from other sources”.

5. Schedule DI: Investment eligible for deduction against income (Ch VIA deductions) to be bifurcated between paid in F.Y.19-20 and during the period 01-04-20 to 31-07-20.

6.High-value Transaction: Annual Cash deposit exceeding Rs. 1 crore or Foreign travel expenditure exceeding Rs. 2 Lakhs, Annual electricity expenditure exceeding Rs. 1 Lakh.
7.Schedule 112A: From the sale of equity share in a company or unit of equity- oriented fund or unit of a business trust on which STT is paid under Section 112A.

8. 115AD(1)(iii) proviso: for Non-Residents – from the sale of equity share in a company or unit of equity-oriented fund or unit of a business trust on which STT is paid under Section 112A.
9. Section 40(ba): any payment of interest, salary, bonus, commission or remuneration paid to a member in case of Association of Person (AOP) or Body of Individual (BOI).

10. Section 90 & 90A: Foreign tax credit in cases where there is a bilateral agreement; Section 91: Foreign tax credit in cases of no agreement between the countries.

[1] Circular No 11 of 2020 dated 08th May 2020.

References

Image Credits: Photo by Markus Winkler from Pexels

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WhatsApps New Policy Changes – Engrossment or Entrapment?

Recently, there has been quite a brouhaha on WhatsApp’s policy changes that are slated to be effective from February 2021. Since WhatsApp is a household name when it comes to important and easy communication for over 200 million Indian subscribers, i.e. approx one-sixth of the Indian population, any modification in their Terms of Service and Privacy Policy would of course be intriguing and have huge ramifications across the country. Hence, policy changes affecting the users should have ideally been introduced after thorough deliberation and winning consumer credence. However, Whatsapp has preferred to impose this document on Indian consumers..

The new conditions are applicable to all WhatsApp users, for the services offered by WhatsApp LLC located in Menlo Park, California. However, services to the European region would come under WhatsApp Ireland Ltd. and European users would have to agree to separate Terms of Service and Privacy Policy. In short, for all non-European users of WhatsApp, the terms would be binding. WhatsApp has already started pushing for acceptance of the new Terms of Service and Privacy Policy when we open the application, and all Indian users are necessarily required to agree to them to get uninterrupted service.

The key element in the new Terms of Service is that WhatsApp is seeking consent to merge their services with other Facebook Group Companies. However, Whatsapp has now moved on to become a payment intermediary that enables sending and receiving money rather than a mere voice messaging, audio and video call application that it originally was. Since WhatsApp is now a business service provider offering financial intermediation services and a channel for communicating with businesses in India, it is required to comply with the provisions relating to Consumer Protection Act and other applicable laws in India. However, strangely the Terms of Services mentions that the applicable laws would be the laws of the State of California, and the forum for all dispute resolution would be the District Courts of Northern District of California or State Court located in San-Mateo County in California. Essentially, by this clause, Whatsapp is forcing the Indian users to concede the jurisdiction of a foreign court and foreign law.

Further, a company that owns, operates, or manages digital or electronic facilities or platforms for electronic commerce becomes an e-commerce entity. A company that owns, operates or manages digital or electronic facilities or platforms for electronic commerce becomes an e-commerce entity. When WhatsApp becomes a business service provider under Facebook Group Companies, it indirectly comes under the definition of an e-commerce service provider. Due to its unity in control with Facebook Group Companies, whether the services offered by Facebook Group Companies will be considered as services from a single source emanating from WhatsApp is something which requires deeper study. However, a prima facie inspection suggests that once these businesses start, WhatsApp and its group companies together could come under the classification of either an inventory e-commerce entity or a marketplace e-commerce entity depending on how they finally merge these businesses and offer it as a single service. In any case, the Terms of Service offered should be in accordance with Consumer Protection (E-commerce) Rules, 2020. As per the Rules, e-commerce service can be offered only by an Indian Company or a foreign company duly compliant with the Indian laws. However, the Terms of Service released by WhatsApp has no mention of any other Indian entity. News reports say WhatsApp has reportedly set up an Indian company called WhatsApp Application Services Pvt Ltd. but the Terms of Service has not linked or referred to that entity in any manner.

Moreover, as per the Rules, an e-commerce entity shall have an adequate grievance redressal mechanism including a separate grievance officer. However, strangely there is no such grievance mechanism provided for Indian users and no grievance officer has been stated to have been appointed. On the contrary, it is forcing consumers to seek redressal by approaching a foreign court in California under Californian laws. It is also imperative to note that linking Facebook Group Companies with WhatsApp services, sharing user data and forcing consumers to avail Facebook Group Company Services amounts to an unfair trade practice.

In addition, linking their services and enabling WhatsApp to be integrated with Facebook Group Companies should also be looked at in the perspective of Competition law, because the same is a unilateral act on the part of WhatsApp where its users are compelled to share their data with other businesses, which is an abuse of dominance and this activity may come under “combination”. A deeper scrutiny under the Competition Act is thus warranted to prevent the abuse of dominance. It is interesting to note that in response to the scrutiny of the European merger regulator some time back, while considering Facebook’s acquisition of Whatsapp, it was specifically assured by Facebook, that merging the subscriber data of these two services was not possible. In contrast, their new terms of services and the privacy notice are clearly against this submission and probably that is the reason that they have kept the terms for EU users intact.

The changes made in the Terms of Service also suggest that they might no longer be able to claim exemption from liability under §. 79 of the Information Technology Act or Information Technology (Intermediary Guidelines) Rules because their own affiliated entities are offering goods and services through this platform. In such case they are not mere conduit for business rather actual business provider. Hence, the changes made in the Terms of Service give a prima facie view that WhatsApp will no longer able to claim any benefits under §. 79 of Information Technology Act and will become an active business service provider.

On the privacy law perspective, if we read the modified WhatsApp Privacy Policy, it essentially takes away the entire privacy of users and enables the platform to provide all user data of every kind to Facebook Group Companies and third-party service providers. It enables them to pump advertisements and make marketing of Facebook services and third-party services, which grossly exceeds the essential purpose for which people joined WhatsApp. Even from a plain reading, the consent that they are seeking is excessive and will not come under any of the legitimate grounds for which data can be collected and shared as per globally accepted privacy principles. They have expressly stated that the data can be stored wherever they like and can be transported to wherever they desire. Such blanket permissions essentially vitiate the concept of privacy in all manners.

WhatsApp has, in recent years, become the common communication medium among the public at large and any changes in the business scheme has a widespread repercussion. It has become an essential service and yet, has made a unilateral dictation of its Terms of Service without giving its Indian users any choice and without acquiescing to Indian Courts and Indian Jurisdiction. The apparent laxity in complying with Indian laws is worrisome and require further inspection. Despite being one of the largest subscriber territories, WhatsApp LLC has made no effort to be compliant with Indian law. If this omission is intentional then Indian authorities and the public at large should force them to revisit the Terms of Service ad Privacy Policy to make it more legally compliant with the IT Act, Consumer Protection Act, Completion law, and privacy principles and with other relevant Indian laws. Whatsapp is duty-bound to protect the interest of Indian subscribers.

The new conditions are applicable to all WhatsApp users, for the services offered by WhatsApp LLC located in Menlo Park, California. However, services to the European region would come under WhatsApp Ireland Ltd. and European users would have to agree to separate Terms of Service and Privacy Policy. In short, for all non-European users of WhatsApp, the terms would be binding. WhatsApp has already started pushing for acceptance of the new Terms of Service and Privacy Policy when we open the application, and all Indian users are necessarily required to agree to them to get uninterrupted service.

References

Image Credits: Photo by Rachit Tank on Unsplash

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Unlocking the Potential of Space Technologies for Nation-building

On 28 February 2021, ISRO successfully launched 19 satellites using the PSLV-C51 launch vehicle. The payload included the 637 Kg Amazonia 1, Brazil’s first indigenous earth observation satellite, as well as 18 Indian satellites (including some built by students and faculty from three Indian engineering colleges). ISRO’s robust and world-class capabilities in designing, building and launching satellites have been demonstrated on multiple occasions in the course of the past five decades. The growing interest shown by India’s private sector (including start-ups), to build satellites is certainly something to be proud of.
India is already a member of an elite club of countries with significant capabilities in the arena of space technologies (“spacetech”). While we are making steady progress, space needs to be looked at in the broader context of the important role that will play in enabling and accelerating the future economic growth and social development of countries like India.

Mobile telephony unleashed a worldwide revolution two decades ago. By quickly becoming a part of it, India benefited hugely; indeed, we continue to see how a hand-held device can become everything from a bank to a source of news to a shop and so much more. If India can pragmatically direct even more of its resources to spacetech, enormous benefits can be realized in the decades ahead. This is something that has started to happen in recent years by way of enabling policy changes.

For many years, ISRO’s satellites have been providing us with tangible benefits in three areas:
  • Giving farmers better and more timely information about weather conditions;
  • Alerting vulnerable populations to impending natural disasters and assist rescue and relief operations;
  • Enabling TV-based classes for rural students.

But the world is changing in several ways, and harnessing space technologies can ensure that we as a nation are able to adapt more effectively. One set of direct benefits accruing from spacetech relates to people living on earth, on the other hand, exploration of outer space through manned and unmanned missions can lead to greater knowledge about other planets and their suitability to support life as we know it. This of course may offer only long-term benefits.

Harnessing space technologies can deliver a range of benefits

Here’s a look at diverse areas where space technologies can play an important role in the coming years.

It is quite clear that water will become an increasingly scarce resource because of climate change as well as continued irresponsible behaviour by human beings around the world. Managing groundwater resources will become even more critical in the years ahead. This is something that satellite-based remote sensing technologies can enable. Such information can also help farmers in selecting crops that are better suited to their areas so that they are less impacted by the vagaries of nature.

Traffic jams are an undeniable reality of most urban centres. With satellites at the right locations, it is possible to gather real-time information about traffic build-ups and alert on-ground police and other authorities to take timely action to minimize the magnitude of the jam. Similar eyes-in-the-sky can also be used to monitor forests, wildlife movements, prevent poaching and other illegal activities. Fishermen can be provided with better communication facilities when they are at sea. Government properties can be monitored so that encroachments can be prevented. Spacetech can also aid e-governance activities.

In a post-COVID19 world, as remote working and hybrid working models become mainstream, robust and reliable nation-wide digital connectivity becomes even more critical. Education too will be delivered through hybrid models, as will some elements of healthcare. However, large sections of India’s rural population do not yet have access to reliable and high-speed internet access due to various reasons including difficult terrain for laying fibre optic cables, inhospitable weather conditions for large parts of the year etc. This effectively denies many of our fellow-citizens access to various essential services. Spacetech has the potential to provide better connectivity.

If India is to encourage investments in new clusters to move away from large urban centres, those areas need high-speed connectivity. This is especially important for factories that wish to embrace Manufacturing 4.0, which relies on IoT (Internet of Things) technologies. Providing land banks and physical transport infrastructure, though necessary, will not be sufficient in the next decade.

While we in India are still in the early stages of testing 5G technologies, some countries have already started experiments in 6G. Although the world is several years away from agreeing on 6G standards and specifications, in November 2020, China launched what it calls the “world’s first 6G satellite” to demonstrate the use of terahertz frequency waves. If successful, this technology can enable data-transmission speeds that are many times higher than 5G can deliver.

Collaboration on space-related areas can play an important role in India’s foreign policy. The launch of Amazonia-1 is the culmination of years of collaboration between Indian and Brazilian space scientists and technologists.

As other countries start building and deploying space-based defence systems, India cannot afford to ignore its security interests. Spacetech can help identify threats and create more effective deterrents against hostile intentions.

Outer space is another frontier we must explore

While colonizing space to overcome the earth’s real estate limitations is a few decades away, we cannot ignore the growing competition in outer space exploration. Countries such as the US, Russia, China etc. have already made significant progress by sending probes to many planets. India too has made significant progress with its Chandrayaan 2 mission. While the lunar lander did not land as expected, the orbiter continues to provide valuable data to our space scientists. The Chandrayaan 3 mission is already in the works, as is Gaganyaan, India’s manned mission to the moon.

Several enablers are needed to efficiently realize the benefits of spacetech innovation

It is one thing to identify priorities and appreciate the need to move decisively; creating the right ecosystem to move forward productively, quickly and at scale is another matter altogether. Allocating financial resources is of course an important aspect. But it is just as critical to ensure that the different stakeholders- the government, industry (private and public sector) and academia work collaboratively and cohesively.

The government of India has put in place some important policies and legislations in this context. These include a Satellite Communication policy, Remote Sensing policy and the Space Activities Bill. While the intent to open up participation in different areas of the space sector to private players, the laws seek to maintain government control to prevent national interests from being compromised. However, there are still references to the Indian Telegraph Act (1885) and National Frequency Allocation (2018) that make the process of approvals and clearances cumbersome.

The draft Space Activities Bill, 2017 envisages mechanisms for regulating space activities, authorize and grant licences for commercial space activities, register space objects and liabilities relating thereto etc. India needs such umbrella legislation in keeping with the fact that we are a signatory to the international space treaty.

The government has established the Indian National Space, Promotion & Authorization Centre (IN-SPACe) under the aegis of the Department of Space to enable and support the participation of India’s private sector in the arena of space technologies. To build launch vehicles, provide launch services, build satellites and provide space-based services, the government, in 2019, set up New Space India Limited (NSIL). The role of the latter is to encourage industry participation in India’s space programmes. Yesterday’s successful launch was the first commercial mission undertaken by NSIL. But there needs to be more clarity around the regulatory powers of IN-SPACe.

The UN Committee on Peaceful Uses of Outer Space (UNCOPUOS) has established a framework to ensure that individual entities (private or government) do not misuse space. Along with the International Telecommunication Union, this attempts to govern important aspects of activities in space, such as registration of objects launched into outer space, radiofrequency coordination, assignment and registration of satellite network frequencies, and compliance with the guidelines on space debris mitigation. Compliance is critical to ensure that the launch of a flurry of small satellites in the coming years does not put military or other satellites at risk.

Early steps have been taken. It is time that the government looks at bringing in necessary regulations and fine-tune existing ones to ensure that the intention of public-private partnership in this important field is encouraged, enabled and empowered.
This article talks about the important role of ‘SpaceTech’ in enabling and accelerating the future economic growth and social development of countries like India.

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Modifying the Personal Data Protection (PDP) Bill to Deal with Rising Privacy Concerns

OVERVIEW OF DATA PROTECTION REGIMES

The recent advent of WhatsApp’s updated privacy policy has brought to light the legal loopholes that the Indian Data Protection Laws are laced with. A revised and updated change in Data Protection Laws in India could have prevented the possible infringements that may take place with WhatsApp’s new privacy policy.

The European Region has been able to circumvent this issue due to its updated Data Privacy Laws that successfully provide users with protection from such policies. These policies legally mandate WhatsApp to prevent the sharing of data with Facebook and a violation of it would infringe the provisions of the General Data Protection Regulation (GDPR).

We have discussed here the modifications that could possibly be added to the Personal Data Protection Bill (PDP Bill) in India in order to ensure an air-tight privacy regulatory authority.

RISING PRIVACY CONCERNS- A STUDY ON WHATSAPP’S PRIVACY POLICY

With an undeniable rise in the relevance and indispensability of the digital platform; comes the numerous concerns regarding its safety in terms of data and privacy protection norms. A case in this instance would be that of WhatsApp releasing its updated terms of Privacy on January 04,2021, under which it would deprive users of their choice to share data or other information with other apps, including those owned by Facebook. Moreover, this policy was accompanied by a condition under which users who did not accept the updated privacy terms, would have to quit using WhatsApp altogether- beginning February 08, 2021- when the updated terms and policies was planned to be enforced.



The updated privacy policies of WhatsApp leave the end-to-end encryption clause intact. This means that WhatsApp has no access to one’s text messages and cannot share the same with any other party. However, this clause does not cover the protection of metadata- which entails everything in a conversation apart from the actual text. This information can be shared with Facebook and other apps.

WHY THIS POSES A PROBLEM

A close perusal and analysis of the entire case reveals the observation that this issue could have been avoided with a concrete Data Protection Law or Regulation in place in India.

The core issue that centres the entire case is that people largely use WhatsApp to communicate with friends and family. The data thus shared on this App by individuals is now proposed to be shared with other companies to run their businesses, for monetary gains. This implies that the purpose for which WhatsApp would be using personal data and information is not even remotely connected to the purpose for which users had share that information on the app.

This issue assumes an even graver character due to the inability of the Indian Data Protection Laws to safeguard their users from a misuse of data. Without a data protection authority or regime in force; users will be exposing their data to the surveillance of the entire Facebook group of companies.

Its lack of effectiveness to provide remedies or relief in such situations stands in stark contrast to the legal frameworks that are in place in other jurisdictions, most particularly the European countries. These countries are equipped with laws that can impose fines on Facebook for unduly sharing and using information through WhatsApp. This clause came into effect when the Competition Commission of certain European countries imposed this condition on Facebook during its purchase and acquisition of WhatsApp.
An important point to take note of, is also the commitment made by WhatsApp during its launch in 2009- “to not sell user data or personal information to any third party”. This stance changed with the acquisition of WhatsApp by Facebook in 2014; and its sharing of data with its parent company in 2017.However, in 2017; users were given a choice to prevent the sharing of such data to other platforms. The updated policies have mandated the exposure of such data as a condition to continued usage of the App.
The users are thus breached of the expectations and commitments with which they had initially installed the App.

IMPLICATIONS ON USERS

Unfortunately, due to the technical and legal intricacies of the issue; a majority of the Indian population will stay unaware of this issue and not do much about it other than accept the terms being forced upon them.

However, there are sections of the population sensitive to data protection and privacy norms. This brings to light the possibility of shifting to alternate and safer platforms such as Signal, Telegram and iMessage. Moreover, petitions have also been filed in several legal courts pursuant to the policies introduced by WhatsApp in January 2021 seeking to stay the implementation of these policies. After all, Right to Privacy is a Fundamental Right granted under Article 21 of the Constitution of India and therefore, must not be compromised upon.

It is thus proposed that till an appropriate legal and concrete regulatory and supervisory authority is not in force vis-à-vis the Data Protection issues in India, the Court must prohibit the execution of this new Privacy Policy set forth by WhatsApp. Pursuant to this, the Supreme Court has directed WhatsApp and its parent company, Facebook, to file their replies to the petitions and growing concerns on privacy violations.

In furtherance of these directions, WhatsApp has most recently implemented its updated Privacy Policy with a new campaign. Through this updated campaign, WhatsApp aims to increase communication about its changes with its users through a small banner at the top of the chat, while also offering more time to let them read, understand and accept its terms. Following the backlash received, now the new Privacy Policy terms is expected to go into effect at a later date i.e. May 15, 2021.

HOW THE PDP BILL CAN BE MODIFIED TO INCREASE DATA PROTECTION

The PDP Bill can and must be modified in certain ways to ensure that arbitrary clauses in such online policies do not deprive the users of the rightful protection they are entitled to under the Right to Privacy. One of the main additions that the PDP Bill must incorporate is a clause or term in the law that prohibits the changing or modification of the terms of a contract after its enforcement. For instance, WhatsApp modified the terms of its contract resulting in a clause that was contrary to its initial commitments and objectives.

Moreover, since the PDP Bill has not been passed yet; it is crucial to look to other alternate legal provisions and statutes that may offer protection in such situations. For instance, the Information Technology Act of 2000, under Section 87 gives the government the authority to come up with regulations that can put a stop to arbitrary policies introduced by online platforms that pose a threat to privacy and data protection rights granted to individuals.

A company must not be able to modify terms according to their whims and mandate users to abide by it simply because they consented to the initial contract. Terms of such contracts must be regulated and privacy laws must ensure that changes in these policies have undergone user consent.

SUMMARY

In order to honour the Fundamental Right to Privacy, it is vital for the concerned platforms to provide clarity regarding its policies to ensure that a well-equipped and protective mechanism is set in force to deal with instances of data protection infringement in India. It is also crucial to formulate a structure on the PDP Bill that is well equipped to handle policy changes while ensuring a constant protection of data privacy rights. Other alternative laws must also be incorporated and interpreted in ways to prevent a breach of privacy.

The European Region was able to circumvent the imposition of data sharing norms by Watsapp due to its updated Data Privacy Laws that successfully provide users with protection from such policies. Our extant laws are glaringly inadequate and the proposed draft, as well as the delay in the passage, of the Personal Data Protection Bill (PDP Bill), is posing a serious threat to our online privacy and security.

REFERENCES

1 WhatsApp’s new privacy policy: Yet another reason why India needs data protection law – The Hindu BusinessLine.
2 Privacy Policy – Feb 2021. (whatsapp.com)

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