• Ishaan kakkar

In UPI Data Privacy Case, SC Issues Notices To Facebook, Google, Amazon

Communist Party of India & Member of Parliament Binoy Viswam has filed a PIL to the RBI and the National Payments Corporation of India (NPCI) to ensure data privacy of users of third-party payment apps and e-wallets being operated by players such as Paytm, PhonePe, Google Pay and WhatsApp Payments (WhatsApp Pay).

An earlier impleading application (IA) in the court had stated that the PIL was for RBI and NPCI to ensure that WhatsApp is not permitted to launch full-scale payments operations in India, without fulfilling all legal compliances to the satisfaction of the court regarding the requisite regulatory compliances.

WhatsApp has been waiting since 2018, for regulatory clearances from both RBI and NPCI, before launching WhatsApp Pay. The NPCI relied on Deloitte’s audit of WhatsApp Pay’s compliance with data localisation norms. “NPCI is saying the technology audit by Deloitte is sufficient. They are not saying that we have verified through our own means whether they are storing data in India or not. India has enough technical experts in IITs and other places. Why not set up an independent committee to review the compliance?,” said Sriram Parakkat, a lawyer representing Viswom.

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