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LATEST NEWS UPDATES | Govt submits FB contract in HC, court to see if privacy put at stake -Abhinav Garg

Govt submits FB contract in HC, court to see if privacy put at stake -Abhinav Garg

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published Published on Oct 28, 2015   modified Modified on Oct 28, 2015
-The Times of India

NEW DELHI: At a time when Facebook founder Mark Zuckerberg is on a visit to India, the government's contract with his company is under intense legal scrutiny. For the first time, following court instructions, the Centre has filed in the Delhi high court a copy of the contract with Facebook that allows the latter to operate in the country.

In an affidavit, the Centre has annexed the contract with the social media giant where it discloses that an individual or a government entity using the site gives consent to "having personal data transferred to and processed in the United States".

The affidavit has been filed in response to a PIL by former BJP ideologue K N Govindacharya that the Indian government has extended illegal financial gains to Facebook by surrendering all rights on public records.

The HC is likely to examine the contract on Wednesday. It had earlier directed the Centre to place before it the contracts with social media sites including Facebook, WhatsApp and YouTube.

"Why are you not filing the contracts? Why are you hiding them from us? What is the hesitation? It has been five months since our May 7, 2015 direction," a bench of justices Badar Durrez Ahmed and Sanjeev Sachdeva had noted on the last date of hearing.

On May 7, the HC had first ordered the Centre to furnish the "exact nature of the contracts which have been entered into by the government/government departments with the social media sites on the internet". The court wants to study the contracts and their exact wordings to verify allegations that the government has failed to protect privacy and information of the Indian public.

Two months later, the HC again asked the Centre to "come out" with details of the contracts it had with social media sites to find out if these websites had licences to the intellectual property rights of the contents uploaded

The HC said it appears when anything is uploaded on social media sites, the websites get a licence to the intellectual property rights of the content without paying any royalty. It wondered if the Indian government is aware of this, because when the government gives royalty-free licence to Facebook without anything in return, "it was akin to (giving) state largesse".

But the Centre has maintained that these contracts are "standard" in nature and not tailor-made.

In his PIL, filed through advocate Virag Gupta, Govindacharya has questioned the use of social media by government departments. He claims the "central government has become the biggest marketing agent for social media sites". Gupta has alleged the government's contracts with these companies ensure it is "transferring/surrendering" all intellectual property rights of the data being uploaded on these sites.

The Times of India, 28 October, 2015, http://timesofindia.indiatimes.com/tech/social/Govt-submits-FB-contract-in-HC-court-to-see-if-privacy-put-at-stake/articleshow/49560138.cms


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