CJI to hear plea challenging TRAI’s regulation allegedly violating the right to privacy

The Chief Justice of India will be hearing a Public Interest Litigation filed by Advocate Reepak Kansal challenging a The Telecom Commercial Communications Customer Preference Regulation 2018′ issued by the Telecom Regulatory Authority of India alleging it to be grossly violative of rights guaranteed as a fundamental right, the right to privacy of an individual.

The petition states that “though, TRAI claims that the objective of this regulation is to control the so-called menace of UCC, that is, Unsolicited Commercial Communications, it raises more concerns and questions than it is able to address and answer.”

The PIL has been filed by Advocate Reepak Kansal through Advocate Harisha S. R. seeking direction declaring impugned notification as unconstitutional, void, and ultra vires of the Constitution of India.

TRAI has issued the said regulations in the garb of controlling the Unsolicited Commercial Communication, It requires organizations required to or desirous to send out any such SMS or similar communication, register themselves, and further, upload all client consent database, content database, and fine-grained individuals’ preference database on the proposed DLT platform.

Whereas, Mr. Kansal in its plea alleges that the “regulation infringes upon the privacy of individuals at all levels, by creating a priceless, mega database of commercial relationships, habits, and preferences of each and every mobile phone user, that is more than a 100 Crore individuals.”

-India Legal Bureau
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