Letter to BS: Consumers, not companies, own their data, says Trai

This refers to your article “Consumers, not firms, own their data: Trai” (July 17). It has been rightly pointed out that users own their data. Digital entities are mere custodians and not de facto owners of such data, which carry with them an element of confidentiality not to be breached as a matter of course. Accordingly, digital entities have no right to put such information in the public domain.

Today they take full advantage of  inadequate rules and regulations preventing sharing of call detail records with third parties. The violation of data privacy of the consumer is, to put it sarcastically, more the rule than the exception. Further, in the absence of encryption during storage, a lack of clarity about the terms and conditions of product marketing and advance acceptance of contractual terms, all this becomes open to litigation. In short, a contract can't be deemed as consent. The consumer has the right to know the nature of transaction he is entering into.

In reality, customer consent is taken for granted and the approach is more dictatorial than consensual. The customer should have the right to modify or delete unacceptable clauses leaning in favour of the digital entity. Blanket permission to the digital entity should not be presumed and accordingly strict rules and regulations with stringent penal provisions should be incorporated to protect the consumer.

Although there is public knowledge of such frequent violations, there is general hesitation by consumers to litigate for practical reasons which is being exploited by such entities. Consumer forums and courts of law should take note of the trends and not confine themselves to mere documentary evidence in such cases where customers express grievances over clauses leaning in favour of the digital entity.

C Gopinath Nair  Kochi
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