Place new e-mail policy for babus before cabinet: HC tells Centre
2 Aug 2014 6:22 AM IST
The court referred to a particular incident in which National Investigation Agency (NIA) had passed on sensitive information relating to a terror case to its officials using Google services. ‘The use of internet services, which transfers public data to offshore locations, concerns the integrity and sovereignty of the country.
Why public records should go outside India? This is not permissible under the law, the bench of Justice BD Ahmed and Sidhharth Mridul said. The bench, which also passed a slew of directions, was hearing a PIL (public interest litigation) filed by former BJP leader KN Govindacharya through his lawyer Virag Gupta.
Govindacharya has raised various issues including use of e-mail services, provided by offshore providers, by government officials for official purposes.
The websites evade taxes and make public the personal details of Indian users, the PIL alleged, adding that even minors below 13 years of age are being allowed to use Facebook.
During the hearing, the counsel for Govindacharya alleged, ‘it is a matter of grave concern that various ministries, including the PMO, have opened accounts on social networking sites and it is against the Public Records Act and court directions as official records go to servers outside India.’
Additional Solicitor General (ASG) Sanjay Jain, appearing for the Centre said he will take instruction and make a statement before the court on 26 September, the next date of hearing.
The court also asked the ASG to make a ‘categorical’ statement on the issue of payment of service
tax by websites including Google and Facebook for their commercial operations in India. It also asked the Centre to file a status report in pursuance of an earlier order on appointment of Grievance Officers by internet firms, including Twitter, under the IT (Intermediary Guidelines) Rules to deal with users’ complaints.
The plea has also sought a direction to ensure safety of the data of 140 million Indian users.
Why public records should go outside India? This is not permissible under the law, the bench of Justice BD Ahmed and Sidhharth Mridul said. The bench, which also passed a slew of directions, was hearing a PIL (public interest litigation) filed by former BJP leader KN Govindacharya through his lawyer Virag Gupta.
Govindacharya has raised various issues including use of e-mail services, provided by offshore providers, by government officials for official purposes.
The websites evade taxes and make public the personal details of Indian users, the PIL alleged, adding that even minors below 13 years of age are being allowed to use Facebook.
During the hearing, the counsel for Govindacharya alleged, ‘it is a matter of grave concern that various ministries, including the PMO, have opened accounts on social networking sites and it is against the Public Records Act and court directions as official records go to servers outside India.’
Additional Solicitor General (ASG) Sanjay Jain, appearing for the Centre said he will take instruction and make a statement before the court on 26 September, the next date of hearing.
The court also asked the ASG to make a ‘categorical’ statement on the issue of payment of service
tax by websites including Google and Facebook for their commercial operations in India. It also asked the Centre to file a status report in pursuance of an earlier order on appointment of Grievance Officers by internet firms, including Twitter, under the IT (Intermediary Guidelines) Rules to deal with users’ complaints.
The plea has also sought a direction to ensure safety of the data of 140 million Indian users.
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