India Requires Internet Services to Collect and Store Vast Amount of Customer Data, Building a Path to Mass Surveillance

TL;DR

Privacy and online free expression are once again under threat in India, thanks to vaguely worded cybersecurity directions—promulgated by India’s Computer Emergency Response Team (CERT-In) earlier this year—that impose draconian mass surveillance obligations on internet services, threatening privacy and anonymity and weakening security online.Astonishingly, India’s Minister of State for Electronics and Information Technology (MeitY) Rajeev Chandrasekhar said the government wasn’t required to get public input because the directions have “no effect on citizens.” The Directionsn itself states that they were needed to help India defend against cybersecurity attacks, protect the security of the state and public order, and prevent offenses involving computers.Forced Data Localization and Electronic Logging Requirements Direction No IV compels a broad range of service providers (telecom providers, network providers, ISPs, web hosting, cloud service providers, cryptocurrency exchanges, and wallets), internet intermediaries (social media platforms, search engines, and e-commerce platforms), and data centers (both corporate and government), to enable logs of all their internet and communication technology (ICT) systems–and forces them to keep such data securely within India for 180 days.It forces data centers, virtual private server (VPS) providers, cloud service providers, and virtual private network service (VPN) providers to collect customers' data, including names, dates services began, email addresses, IP addresses, physical addresses, and contact numbers, among other things, for at least five years or longer, even if a person cancels or withdraws from the service.As the Office of the United Nations High Commissioner for Human Rights (OHCHR) has stated, “the obligation to indiscriminately retain data exceeds the limits of what can be considered necessary and proportionate.” Storing the personal information of political, legal, medical, and religious activists, human rights defenders, journalists, and everyday internet users would create honeypots for data thieves and put the data at risk in case of software vulnerabilities, fostering more insecurity than security."

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