NEW DELHI: The Supreme Court<\/a> Monday asked instant messaging app WhatsApp<\/a> to file response on a plea seeking a direction to the RBI and the NPCI to ensure that data collected on Unified Payments Interface (UPI) platforms is not shared with their parent company or any other third party under any circumstances. 最高法院周一要求即时消息应用程序WhatsApp文件响应请求寻求方向央行和NPCI确保收集的数据接口(UPI)统一支付平台上不与他们的母公司或其他任何第三方在任何情况下。 新德里:最高法院周一问即时消息应用程序WhatsApp文件响应一个请求寻求方向央行和NPCI确保收集的数据接口(UPI)统一支付平台上不与他们的母公司或其他任何第三方在任何情况下。
A bench of Chief Justice S A Bobde and Justices A S Bopanna and V Ramasubramanian said if WhatsApp does not file its reply, then the averment made in the writ petition filed by petitioner Rajya Sabha MP Binoy Viswam will be taken as accepted.
Several interlocutory applications have been filed in the plea which also seek direction for framing regulation to ensure that data collected on UPI platforms is not “exploited” or used in any manner other than for processing payments.
Senior advocate Arvind Dattar, appearing for WhatsApp India, said however no formal notice has been issued to it in the plea for impleadment in the matter.
Senior advocate V Giri, appearing for Reserve Bank of India<\/a>, informed the top court that they have filed their reply in the matter.
Senior advocate Kapil Sibal<\/a>, also appearing for WhatsApp, said 'WhatsApp Pay' has received all necessary permission.
Senior advocate Krishna Venugopal, appearing for the petitioner, said the last time the court asked the company if Israeli sypware Pegasus has breached their system, it stated that the issue was not pleaded in the petition, which is wrong.
The bench said that it proposes that the petition be tagged with a similar plea pending in the top court and asked the Centre to file an affidavit on the issue of spyware.
Venugopal said that till date Facebook and WhatsApp have not filed a counter-affidavit in the matter, despite the petition being pending for months and they should also be asked to file counter-affidavit.
At the fag end of the hearing, the CJI told the counsels for WhatsApp that pleas challenging its new privacy policy are pending before the Supreme Court and posted the matter for further hearing after four weeks.
In its affidavit, the RBI has told the top court that it has no responsibility to conduct “audit of members of United Payments Interface (UPI) ecosystem” and responsibility to ensure that private firms like Google<\/a> and WhatsApp comply with norms lies with National Payments Corporation of India (NPCI).
The RBI also said that the matters related to “data privacy and data sharing” are the domain of the central government.
It also sought dismissal of the PIL<\/a> filed by Viswam seeking direction to it to frame regulation to ensure that data collected on UPI platforms is not “exploited” or used in any manner other than for processing payments.
The affidavit said: “It is submitted that RBI's directions issued vide circular dated April 6, 2018 on storage of payment system data pertain only to payment date storage and not sharing or privacy.
RBI has not issued any instructions on data sharing by TPAPs (Third Party Application Providers) or the participants of UPI. Matters related to data privacy and data sharing come under the domain of Government of India.”
It said that since NPCI is the owner and operator of the UPI, it would be more appropriate for them to respond on the status of “compliance of WhatsApp with the system rules \/procedural guidelines governing UPI\".
Earlier, WhatsApp had denied in the court the allegations that its data can be hacked by Israeli sypware Pegasus, which had led to a controversy last year over breach of privacy following claims that Indian journalists and human rights activists were among those globally spied upon by unnamed entities.
Prior to this, the apex court on October 15, last year had issued notice to RBI and others on the plea of Viswam seeking direction for framing regulation to ensure that data collected on UPI platforms is not “exploited” or used in any manner other than for processing payments.
It had also sought responses of the Centre, RBI, NPCI and others including Google Inc, Facebook Inc, WhatsApp and Amazon<\/a> Inc on the plea.
“The RBI and NPCI have permitted the three members of 'Big Four Tech Giants' i.e. Amazon, Google and Facebook\/WhatsApp (Beta phase) to participate in the UPI ecosystem without much scrutiny and in spite of blatant violations of UPI guidelines and RBI regulations,” the plea has claimed.
The plea has alleged that this conduct of RBI and NPCI put the sensitive financial data of Indian users at huge risks, especially when these entities have been “continuously accused of abusing dominance and compromising data”, among other things.
It said these allegations have become particularly worrisome at a time when India has banned host of Chinese applications on the ground that those applications were or could be used for data theft and could lead to security breaches.
It has further sought a direction that RBI and NPCI should ensure that WhatsApp is not permitted to launch full scale operations of 'WhatsApp Pay' in India without fulfilling all legal compliances to the satisfaction of the court regarding requisite regulatory compliances.
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SC寻求WhatsApp回复UPI请求非共享的数据与任何第三方
长椅上的首席大法官Bobde和法官年代名和V Ramasubramanian表示如果WhatsApp没有文件回复,然后写请愿书的请愿者的断言Rajya Sabha议员Binoy Viswam将被视为接受。
几个对话的应用程序提出的请求也寻求方向框架UPI平台上的监管,以确保收集的数据并不是“剥削”或以任何方式使用其他比处理付款。
高级主V义理,出现印度储备银行,向最高法院提交了他们的回复。
高级主Kapil Sibal还出现WhatsApp说,“WhatsApp支付”已收到所有必要的许可。
高级提倡Krishna Venugopal请愿者的出现,说上次法院要求公司如果以色列sypware飞马已经违反了他们的系统,它表示,这个问题并不承认在请愿书,这是错误的。
板凳上说,它提出请愿书被标记的类似的请求等待最高法院,要求中心文件的证词间谍软件的问题。
Facebook和WhatsApp Venugopal说,至今为止没有提起counter-affidavit,尽管请愿书等待几个月,他们也应该counter-affidavit要求文件。
在听力的末端,CJI告诉WhatsApp的计谋,请求具有挑战性的新隐私政策是向印度最高法院和4周后发布进一步听力的问题。
宣誓书,印度储备银行已向最高法院,它没有责任进行“审计成员统一支付的界面(UPI)生态系统”和责任,确保私营企业谷歌和WhatsApp遵守规范在于印度国家支付公司(NPCI)。
印度央行还表示,有关“数据隐私和数据共享”是中央政府的域。
它还寻求解雇的公益诉讼提出通过Viswam寻求方向帧UPI平台上的监管,以确保收集的数据并不是“剥削”或以任何方式使用处理付款。
提交的证词中说:“这是央行的方向见圆形发布日期为4月6日,2018只存储支付系统数据有关付款日期存储和分享或隐私。
央行还没有发布任何指示在数据共享TPAPs(第三方应用程序提供商)或UPI的参与者。有关事项的数据隐私和数据共享受到印度政府的领域。”
它说,自从NPCI UPI的所有者和经营者,这将是更适合他们回应的状态与系统“合规WhatsApp规定/程序UPI的行为准则”。
早些时候,WhatsApp否认了法庭的指控,其数据可由以色列入侵sypware飞马,去年曾导致了争议违反隐私后声称印度记者和人权活动人士在全球范围内发现了不知名的实体。
在此之前,先端法院10月15日,去年发布通知请求的央行和其他Viswam寻求框架方向UPI平台上的监管,以确保收集的数据不是“剥削”或以任何方式使用处理付款。
它还寻求反应中心,印度NPCI和其他人包括谷歌(goog . o:行情),Facebook Inc ., WhatsApp,亚马逊公司的请求。
“印度央行和NPCI允许“四大科技巨头”的三个成员例如亚马逊,谷歌和Facebook / WhatsApp(测试阶段)参与UPI生态系统没有过多的关注,尽管公然违反UPI指南和央行规定,“认罪。
请求已经声称这种行为分打点,NPCI把敏感的金融数据的印度用户在巨大的风险,尤其是当这些实体已经“不断指责滥用支配地位和影响数据”,等等。
它说,这些指控已经变得特别令人担忧在印度已经禁止地面承载中国应用程序,这些应用程序或可以用于数据盗窃和可能导致安全漏洞。
进一步寻求方向,央行和NPCI应确保WhatsApp不允许启动全面的操作“WhatsApp支付”在印度没有完成所有法律遵从性满意度的法院关于必要的法规遵从性。
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NEW DELHI: The Supreme Court<\/a> Monday asked instant messaging app WhatsApp<\/a> to file response on a plea seeking a direction to the RBI and the NPCI to ensure that data collected on Unified Payments Interface (UPI) platforms is not shared with their parent company or any other third party under any circumstances.
A bench of Chief Justice S A Bobde and Justices A S Bopanna and V Ramasubramanian said if WhatsApp does not file its reply, then the averment made in the writ petition filed by petitioner Rajya Sabha MP Binoy Viswam will be taken as accepted.
Several interlocutory applications have been filed in the plea which also seek direction for framing regulation to ensure that data collected on UPI platforms is not “exploited” or used in any manner other than for processing payments.
Senior advocate Arvind Dattar, appearing for WhatsApp India, said however no formal notice has been issued to it in the plea for impleadment in the matter.
Senior advocate V Giri, appearing for Reserve Bank of India<\/a>, informed the top court that they have filed their reply in the matter.
Senior advocate Kapil Sibal<\/a>, also appearing for WhatsApp, said 'WhatsApp Pay' has received all necessary permission.
Senior advocate Krishna Venugopal, appearing for the petitioner, said the last time the court asked the company if Israeli sypware Pegasus has breached their system, it stated that the issue was not pleaded in the petition, which is wrong.
The bench said that it proposes that the petition be tagged with a similar plea pending in the top court and asked the Centre to file an affidavit on the issue of spyware.
Venugopal said that till date Facebook and WhatsApp have not filed a counter-affidavit in the matter, despite the petition being pending for months and they should also be asked to file counter-affidavit.
At the fag end of the hearing, the CJI told the counsels for WhatsApp that pleas challenging its new privacy policy are pending before the Supreme Court and posted the matter for further hearing after four weeks.
In its affidavit, the RBI has told the top court that it has no responsibility to conduct “audit of members of United Payments Interface (UPI) ecosystem” and responsibility to ensure that private firms like Google<\/a> and WhatsApp comply with norms lies with National Payments Corporation of India (NPCI).
The RBI also said that the matters related to “data privacy and data sharing” are the domain of the central government.
It also sought dismissal of the PIL<\/a> filed by Viswam seeking direction to it to frame regulation to ensure that data collected on UPI platforms is not “exploited” or used in any manner other than for processing payments.
The affidavit said: “It is submitted that RBI's directions issued vide circular dated April 6, 2018 on storage of payment system data pertain only to payment date storage and not sharing or privacy.
RBI has not issued any instructions on data sharing by TPAPs (Third Party Application Providers) or the participants of UPI. Matters related to data privacy and data sharing come under the domain of Government of India.”
It said that since NPCI is the owner and operator of the UPI, it would be more appropriate for them to respond on the status of “compliance of WhatsApp with the system rules \/procedural guidelines governing UPI\".
Earlier, WhatsApp had denied in the court the allegations that its data can be hacked by Israeli sypware Pegasus, which had led to a controversy last year over breach of privacy following claims that Indian journalists and human rights activists were among those globally spied upon by unnamed entities.
Prior to this, the apex court on October 15, last year had issued notice to RBI and others on the plea of Viswam seeking direction for framing regulation to ensure that data collected on UPI platforms is not “exploited” or used in any manner other than for processing payments.
It had also sought responses of the Centre, RBI, NPCI and others including Google Inc, Facebook Inc, WhatsApp and Amazon<\/a> Inc on the plea.
“The RBI and NPCI have permitted the three members of 'Big Four Tech Giants' i.e. Amazon, Google and Facebook\/WhatsApp (Beta phase) to participate in the UPI ecosystem without much scrutiny and in spite of blatant violations of UPI guidelines and RBI regulations,” the plea has claimed.
The plea has alleged that this conduct of RBI and NPCI put the sensitive financial data of Indian users at huge risks, especially when these entities have been “continuously accused of abusing dominance and compromising data”, among other things.
It said these allegations have become particularly worrisome at a time when India has banned host of Chinese applications on the ground that those applications were or could be used for data theft and could lead to security breaches.
It has further sought a direction that RBI and NPCI should ensure that WhatsApp is not permitted to launch full scale operations of 'WhatsApp Pay' in India without fulfilling all legal compliances to the satisfaction of the court regarding requisite regulatory compliances.
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