Judge No : 1
> Justice Sanjeev Sachdeva (
Delhi High Court )
Context :
Don’t use WhatsApp if insecure: Delhi HC / Indian
Express - 19 Jan 2021
Extract :
“This is a private app.
Don’t join it,” said Justice Sanjeev Sachdeva, addressing the
petitioner’s counsel. “If you feel WhatsApp is
likely to compromise with your data, delete WhatsApp and go to some other
application which is available. What is the problem ?”
The court told the counsel for petitioner: “ I doubt if
you have read the terms and conditions of any mobile application that you have
installed. If you would have, you will be shocked and surprised as to what all
you consent to, and it is a voluntary thing. Don’t accept it”.
When Lal submitted that the application analyses users’
behaviour, the court said all applications — and not just WhatsApp — do that.
“Do you use Google Maps? Do you know it
(also) captures and shares your data?” the
court asked.
===================================================
Judge No : 2 > Judge James Donato (California federal court )
Context :
Nearly
1.6 million Illinois Facebook users to get about $350 each in privacy
settlement / 15 Jan
2021
Extract :
The check is not yet in the mail, but
nearly 1.6 million Illinois Facebook users can expect to get about
$350 each in a landmark privacy lawsuit.
The totals were disclosed in a California
federal court Thursday during the final approval hearing for a $650 million
class-action settlement over alleged violations of Illinois’ biometric privacy law.
U.S. District Judge James Donato,
who called the case a “groundbreaking settlement in a novel area,” is expected
to issue a final approval order in the coming days, though payouts could still
be months away.
“This is money that’s coming
directly out of Facebook’s
own pocket,” Judge Donato said. “The violations here did not extract a
penny from the pockets of the victims. But this is real money that Facebook is
paying to compensate them for the tangible privacy harms that they suffered. "
Last January, Facebook agreed to settle
the lawsuit for $550 million, but Judge Donato rejected the deal. After
subsequent negotiations, Facebook
agreed to increase the settlement to $650 million, and the court gave
the deal preliminary approval in August.
Michael Rhodes, a California-based
attorney representing Facebook, said if the case went to trial, it could have
cost the tech giant “ billions and billions of dollars ” if it had lost.
“I mean, $650 million, by any stretch of
the imagination is a tremendous sum of money,” Rhodes said. “It’s not something
that Facebook wants to do. But we’re also rational, intelligent people trying
to manage a very significant risk.”
Facebook will pay $650 million into a fund,
which will be distributed to those who filed claims after litigation expenses
are deducted.
===================================================
$ 350 = Rs 25,550
For last 4 years, I have repeatedly suggested that our Govt make all
Social Media ( not just Facebook ), pay its users for using ( euphemism for “
Selling “ ) their PERSONAL DATA to advertisers and others
I have estimated that 500 million Indian Users of
Social Media ( and big E Commerce sites like Amazon ), could get a monthly COMPENSATION
of Rs 30,000, if my following suggestions get implemented
No one need to go to
Court and fight case for 5 years ( as happened in above-mentioned USA case )
I appreciate that our Chief Justice Hon
Bobdeji cannot pass an order forcing Social Media to pay its users
But nothing stops our Parliament to modify proposed DATA
PROTECTION BILL by introduction of a clause, as suggested in my following
e-mail :
Thank
You, Smt Meenakshiji ……………………………..[ 07 Jan 2021 ]
Extract
:
There is only one way to stay ahead of such “ thievery “ by the Social Media
That way is for introduction of a NEW clause in the Data Protection Bill,
titled :
“ Grant of a Special Power of Attorney by the Users “
Under this
clause, any user of Social Media can / will, absolutely
voluntarily grant to the Government ( or Data
Regulator ), a Special Power of Attorney, enabling the Government to enter into contracts with the
Social Media on behalf of such users, to get the
users compensated for use of their Personal Data by the Social Media
For this purpose, Govt will create an online portal
( www.IndiaDataCustodian.gov.in )
where willing users will ,
Ø Register
Ø Submit their Personal Data ( at 10 different
levels of personal data details )
Ø Authorize the Government to fix the “ Sale Price “ to the Social
Media, for sale of anonymized / aggregated “ Bulk
User Data “ at each
level ( without revealing user identity in any way
)
For the
detailed / structured mechanism of how this clause will get implemented, read
:
Ø Digital Dividend from Demographic Data [ 4 D ]…………………..... [ 14 Feb 2019 ]
Ø SARAL ( Single Authentic Registration
for Anywhere Login )…[ 10 Feb 2019 ]
Ø
Dear Shri RaviShankar
Prasadji,
Our scriptures / sages, tell us to be
polite to and respect others – and, generally pursue non-violence
But I am afraid, these Social Media are
misunderstanding our politeness as our weakness !
How else can one interpret following news
reports ?
Maintain
sanctity of Personal Communication / E T –
20 Jan
Extract :
Ø “Be it WhatsApp, be it Facebook, be it
any digital platform, you are free to do business in India. But do it in a
manner without impinging upon the rights of Indians who operate it...the
sanctity and privilege of personal communication must be maintained,” Prasad
said at a virtual industry event on Tuesday.
“I know there will be pressure for sharing this
(data), but, this is plainly unacceptable, let me be very clear on it.”
Ø “I do acknowledge the implicit need for
data movement in corporate globe to keep digital commerce intact. But the
ground rule of that movement must be clearly laid. Next there must be
reciprocity in data sharing in the world. And again, we must never compromise
on our digital sovereignty,” the minister said.
===================================================
India
ministry reportedly asked WhatsApp to drop privacy policy changes that sparked
backlash
Extract :
Ø
The ministry reportedly said it was worried about the lack of
choice Indian users had over opting out of WhatsApp’s planned policy update compared
with those in Europe, where data protection rules are more stringent. The tech
ministry reportedly called it “discriminatory treatment” that “betrays a lack
of respect for the rights and interest of Indian citizens.”
Ø
“Therefore, you
are called upon to withdraw the proposed changes,” the ministry reportedly
wrote, according to Reuters. The news wire added that the ministry has asked
WhatsApp to respond to 14 questions including
# the kind of user
data it collected,
# if
it profiled users based on their usage habits and on
# cross-border
data flows.
( My take :
It would have
been much better had the Ministry asked WhatsApp to sharply answer ( YES – NO ), against each type of DATA /
PROFILE / USAGE , listed in my following e mail :
Ø Birth
of a Black hole ? ………………….[ 18 Jan 2021 ]
==================================================
With regards,
Hemen Parekh / hcp@RecruitGuru.com / 21
Jan 2021
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