Govt bars communication infra providers from sharing data outside India

Under a new authorisation framework notified by the Department of Telecommunications, all telecommunication data, logs and information associated with telecom networks must be stored within country

The government has barred communication infrastructure providers, including entities involved in cloud-based telecom networks, mobile towers and satellite gateways, from sharing any telecommunication data outside India.

 

Under a new authorisation framework notified by the Department of Telecommunications (DoT), all telecommunication data, logs and information associated with telecom networks must be stored within the country. The move is part of the government's broader strategy to transition from a licensing regime to a regulatory framework under the Telecommunications Act, 2023.

 

The notification, dated July 20, mandates that no copies of such data, logs or information may be routed, shared or made available outside India. "Every new authorised entity shall ensure that all systems of its telecommunication network and the data, logs and information associated with its telecommunication network shall be stored within India and no copies of such data, logs and information shall be routed, shared or made available outside India," the notification said.

   

What do the new norms say?

 

Under the new framework, the Centre has been empowered to monitor compliance with the rules by accessing and inspecting sites where telecommunication equipment and networks are established, including within a user's premises. The government may also audit the processes or systems put in place by authorised entities to ensure compliance with the norms. For this purpose, the Centre can appoint a designated agency to conduct such audits.

 

The notification further states that the government may dispense with prior notice if it considers immediate action necessary or expedient in the public interest. However, the designated agency will not collect or require disclosure of any information if such disclosure could harm the competitive position of either the user or the authorised entity.

 

What do the rules say about network rollout obligations?

 

Infrastructure providers will be solely responsible for obtaining all necessary permissions required for rolling out their networks. The government has clarified that delays in securing such permissions will not be accepted as grounds for non-compliance with the rules.

 

"The non-availability of right of way or delays in obtaining right of way permission by the new authorised entity shall not be a cause or ground for non-compliance with any obligations under these rules," the framework stated.

 

Which entities can seek authorisation under the framework?

 

The authorisation frameworks form part of the government's efforts to replace the traditional licensing regime with regulation under the Telecommunications Act, 2023.

 

The following entities are eligible to seek authorisation under the notified framework:

 

• Infrastructure providers
• Digital connectivity infrastructure providers
• Internet exchange point providers
• Satellite earth station gateway providers
• Cloud-hosted telecommunication network providers
• Mobile number portability providers operating at national level