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Saturday, December 21, 2024

Ban On Chinese Apps In India

Posted in: Privacy Law
Sat, Feb 13, 21, 21:44, 4 Years ago
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Ban on chinese apps is the most important step taken by Indian government towards the pricacy of nation.Which also helped country's enterpreneur to enhance themselves alot

India Vs China

If we talk about the foreign policy of India, the relations of neighbouring countries namely India with China and Pakistan take the first place in our mind. We hear news from time to time about the deals regarding trade with countries. But besides that, the Indo-China relations are always been in the headlines due to their territorial disputes.

The Ban

On 29th June 2020, India banned 59 Chinese Apps and under section 69a of IT Act the famous TikTok app was also banned as by reasoning that it is threat to national security and has cause disturbance in ones personal privacy. The government issued an explanation that these apps are illegally exporting data to locations outside India or to other neighbouring countries. It didn’t mention the relation of apps with China, but these apps are mostly having an origin in China or have a major part of investments from companies situated in China or we can say by Chinese.

Why This Ban?

India may be the first country to ban Chinese apps but it is not the first one to raise concerns about the privacy and security .The Ministry of Information Technology has received many complaints from various sources, including several reports about misuse of some mobile apps available on Android and iOS platforms for stealing an private data in an unauthorised manner to servers and that to have been checked when have locations outside India, the government said in a statement. “The compilation of these data, its mining and profiling by elements hostile to national security and defence of India, which ultimately have a deep impact upon the sovereignty and integrity of India, is a matter of very deep and immediate concern, which requires emergency measures that was the major reason why the Government…has decided to disallow the usage of certain Apps, used in both mobile and non-mobile Internet enabled devices,” it said. Government spokesperson said that Google’s Play Store and Apple’s App Store have been directed to remove the apps.

China’s Protest on the ban

China says that India’s actions could be in violation of the World Trade Organisation (WTO) rules. Reacting to the development, Chinese Embassy in New Delhi said, “India’s measure selectively and discriminatorily aims at certain Chinese apps on ambiguous and far-fetched grounds, runs against fair and transparent procedure requirements, abuses national security exceptions, and [is suspected] of violating the WTO rules. It also goes against the general trend of international trade and e-commerce. And the interests and the market competition in India.” So, Chinese could file a formal complaint at the WTO.

Indian Apps gain after ban
Indian Apps like Chingar , Mitron and Trell have been benefiting from the Chinese App ban. On June 29, founder of India-made video-sharing platform Chingari, Sumit Ghosh, tweeted, “100,000 downloads per hour, guys please be patient! We are working on the servers and getting things up and running asap!” Chingari competes with China’s popular TikTok, another video-sharing platform. The app recorded a staggering 3.5 million downloads in less than 48 hours of the government’s move.Which was a big step to encourage the Indian apps.

Impact of Chinese Apps

In India

There was a a very positive impact which was clearly visible among the Indian crowd. Enhancement of Indian apps was found a lot.
If we take example of an gaming app named PUBG it is tho mostly used by Indian but when is banned js giving advantage to other gaming apps.

In China

China is India’s largest trade partner after the US and our dependence on China extends well beyond the technical space. The app ban will certainly have an impact on the holding of the companies. For example, if we see or we take an example of world famous app TikTok ,when it comes to TikTok, 30% of total people using this entertainment app comes from India and this naturally harms its parent company. The impact on China’s economy will be obviously negative but as we all know we cant predict other nations economy as exact .

Also while if we had look in India there was:

Suitable Response to Chinese Border Aggression: Since India will not like to physically engage China, a bigger and more powerful enemy, this virtual response is a suitable reply.Opportunity for Indian Entrepreneurs: China has protected and promoted its own entrepreneurs by banning global apps and softwares for decades. A quick glance at the mobile apps and websites banned in China throws up names such as WhatsApp, Google, Facebook, Twitter, Instagram, Netflix, YouTube, BBC, The New York Times and even Quota. This ban provides opportunity to Indian app makers.Signals innovative thinking by Modi Government: The ban is aimed at the local audience, an audience which is increasingly baying for blood after the Chinese incursion. To that extent, the ban will help address some of their need for ‘action’ by the government.

Data Security reason

India's Ministry of Information Technology has said the ban was the result of "many complaints from various sources" about apps that were "stealing and transmitting users' data in an unauthorised manner". Many of the Chinese apps have been linked to controversies over data privacy, and have been accused of sharing sensitive information with the Chinese government. US senators have even called for an investigation into TikTok, which fiercely rejects such claims.

Conclusion
This is a huge step taken by Indian government to make India a independent country and promote Vocal for local and make in India programs which were initiated to make India a self reliant country which was dependent on china for most of its things . This step was taken after an intensive investigation by the ministry. Apart from India , countries like Australia, Germany , The united Kingdom and also The United states of America have also raised privacy and security concern with Chinese apps and adopted strict cybersecurity protocols for protection . This step will help Indian companies and startups to make new customers and increase its user base.

Many Indian companies have already started working on to build alternatives for the banned apps . This will also help in development of IT sector in India . The main aim of banning these apps were to keep the critical data of the users safe within the Indian borders . The RBI convinced many companies like Patym , WhatsApp, Google to setup their cloud storages/databases in India so that the data can be kept within Indian Borders only , which was earlier being stored outside India in cloud databases . This move will bring more investment to the data centres in India. This step is a kind of revenge taken by Indian Government from Chinese government for not handling the sensitive and critical of the users properly and mishandling the data of the users.

India is in need of a proper data protection law so that next time someone will have to think twice before misusing the data of the users. The Personal Data Protection (PDP) bill ,2019 was the first step taken by the Indian government to domestically legislate on the issue of data protection .Thus , the ban on Chinese apps have brought into light many issues about data privacy and securities. Being a responsible citizen of India, we should all stop using these apps and support the decision of our government and make India a stronger country both economically and politically too.

Written By:
  1. Chetna Sangha and
  2. Siddarth Sogani
Legal Services India

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