On Monday (16th October), Union Minister for Electronics and Information Technology, Rajeev Chandrasekhar, informed that a question asked by Trinamool Congress MP Mahua Moitra on the floor of the House mirrored the talking points of a company, which was lobbying for data localisation.
Citing media reports, he said that the question asked by the politician might have been influenced by the company. “I have learnt from news reports that this Parliamentary Question (PQ) was likely asked by an MP at the behest of a Data centre company,” Rajeev Chandrasekhar pointed out.
Without taking names, he added, “If true this is indeed shocking and shameful…It is true that this company was actively and aggressively lobbying for Data Localization.”
I hv learnt from news reports that this Parliamentary Question was likely asked by a MP at the behest of a Data center company.
— Rajeev Chandrasekhar 🇮🇳 (@Rajeev_GoI) October 16, 2023
If true this is indeed shocking and shameful 🤮🤬
It is true that this company was actively and aggressively lobbying for Data Localization.… pic.twitter.com/slrtrNLNSy
“The language used in PQ is very similar (linking the need for data localization to data breaches) to that used when the head of this company met me,” the Union Minister for Electronics and Information Technology emphasised.
He further added, “I am not aware or privy to the full facts or background on this – but if it is true then it’s a terrible travesty and misuse of PQs.”
The Background of the Controversy
On 22nd March last year, Trinamool Congress MP Mahua Moutra asked a question (with six sub-parts) regarding data breaches and the need for data localisation.
Will the Minister for Electronics and Information Technology be pleased to state – (a) whether the Government has banned 54 apps in order to protect our citizens, (b) if so, the details thereof (c) whether app leakages and data leakages of Indian citizens may happen from other countries (d) if so, the details thereof; (e) whether the Government enact data localization requirements for all sensitive personal data while the Data Protection Act is under consideration; and (f) if so, the details thereof?
At that time, Rajeev Chandrashekhar had responded, “In line with the objective of the Government to ensure an Open, Safe & Trusted and Accountable Internet for all its users and based on the requests received through designated nodal officers from Ministry of Home Affairs (MHA), the Ministry of Electronics and Information Technology (MeitY) has blocked 54 mobile applications under the provision of section A of the Information Technology (IT) Act, 2000 and the Information Technology (Procedure and Safeguards for Blocking for Access of Information for Public) Rules, 2009. These mobile applications were blocked in the interest of sovereignty and integrity of India, defense of India and security of the State. As per the information made available by MHA, these apps were collecting various user data and transmitting it in an unauthorized manner to servers abroad for profiling.”
“It is technically possible that the breach of data privacy of Indian citizens may happen from other countries. Any such cyber security incident for Indian citizens” data is expected to be reported to Indian Computer Emergency Response Team (CERT-In) as per the Information Technology (IT) Act, 2000 and the Information Technology (The Indian Computer Emergency Response Team and Manner of Performing Functions and Duties) Rules, 2013″, he further added.
“At present Section 43A and section 72A of the IT Act, 2000 enable privacy and security of sensitive personal data in digital form. The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information), Rules, 2011, provides reasonable security practices and procedures by the body corporate. In financial sector, RBI has mandated that all payment system providers shall ensure that the entire data relating to payment systems operated by them are stored in a system only in India. For the foreign leg of the transaction, if any, data can also be stored in the foreign country, if required,” the Union Minister for Electronics and Information Technology added.
Mahua Moitra under scanner
On Monday (15th October), Bharatiya Janata Party (BJP) Lok Sabha (MP) Nishikant Dubey levelled serious allegations against Trinamool MP Mahua Moitra, saying she took cash and gifts from businessman Darshan Hiranandani to ask specific questions in the Parliament. MP Dubey has submitted a formal complaint to the Lok Sabha Speaker Om Birla seeking an inquiry against Moitra and urged the Speaker for her immediate suspension.
In his letter, he raised alarming allegations of corruption and misconduct against Moitra. He pointed out alleged bribery between Moitra and businessman Darshan Hiranandani, where cash and gifts were purportedly exchanged for asking questions in Parliament that favoured Hiranandani’s business interests. Dubey raised the allegations based on a letter written to him by advocate Jai Anant Dehadrai.
He added that 50 out of 61 questions raised by Moitra were allegedly aimed to protect and promote Hiranandani’s company that, often focused on rival business conglomerates like the Adani Group. He contended that the alleged conspiracy went unnoticed as Moitra, an opposition leader, openly criticised the government, linking it to business houses while covertly serving her agenda.
He added that the alleged misconduct of Moitra in the Parliament was similar to the infamous “cash for query” episode of December 2005. He further contended the alleged actions of Moitra were to be considered a breach of privilege, contempt of the House and a violation of Section 120-A of the Indian Penal Code.
Dubey stated that Mahua Moitra‘s quid pro quo arrangement with a businessman, which was recently disclosed, revealed her public image of morality to be a deceptive facade. He described it as a “Machiavellian Camouflage” that she used to conceal her criminal activities while projecting the persona of a “firebrand Member of Parliament.”
Retaliating to the allegations, Moitra said she would welcome ED and CBI for enquiry into her alleged money laundering “right after they finish investigating Adani’s offshore money trail, over invocing, benami accounts”. She urged ED to first file FIR against Adani and raised allegations of coal scam against Adani group.
Darshan Hiranandani is the CEO of real estate giant Hiranandani Group based in Mumbai. The group has diversified into health, education, energy, hospitality, data centres, and has recently started a technology-led consumer services business under Tez Platforms.
