EXISTENCE OF COOKIE LAW: PRESENT SCENARIO VIS-À-VIS NEED IN INDIA

INTRODUCTION

Cookies are not only edible ones. In terms of the web and e-world, cookies are known to be the momentary memory for the web. They are broadly used to make the web experience closer to home, these cookies help the websites to keep a record of information. It is used for securing privacy in the online world and they help the users to save their data and information from being pirated. For example, when we visit any of the websites, it asks for permission to “use cookies”. This is a way of taking consent from the visitors of that website to have access to some information.

Cookies are of various kinds and all of them play different roles. Social media cookies work as a tagging mechanism that helps to track the pages that a user visits while using a particular website or page. Secondly, session cookie is also known as in memory cookie. They exist temporarily and tracks the navigation. It closes as soon as the user closes that particular site.

Cookies are used for businesses to keep track of the activity that users perform. Various technologies use this in various forms. It is necessary to formulate rules and regulations to keep a check on the activities of cookies. Practically all sites nowadays use cookies to store data in the user’s internet browsers. There are different advances, similar to Flash and HTML5 Local Storage that do comparable things, and these are additionally covered by the enactment, however as cookie are the most well-known innovation being used, it has gotten known as the Cookie Law.  This law helps in identifying fake cookies and helps the users to keep their actions safe.

To date, there are no specific laws for cookies in every country. The EU cookie law, also known as the E-Privacy Directive is a way to ensure the management of data privacy in the European Union. This was passed in the year 2002 and was amended in the year 2009. However, it has been found that the implementation is not adequate.

COOKIE LAW IN INDIA

There are various kinds of cookies that are active on websites, every cookie needs different sets of rules and regulations. Third-party cookies are also involved sometimes. In India, there is no separate law applicable for cookies. In the case of K.S. Puttuswamy v union of India, it was held by the apex court that the right to privacy is guaranteed under Part III of the Constitution. Cookies are also covered under this right. There are various instances where some of the cookies are laid down without the consent of users, this action is arbitrary in nature. Keeping in mind the judgment of the Puttuswamy case, the companies do not make it mandatory to accept the cookies by the users.

There are various legislatures that are in connection with the use of cookies. Firstly, the information and Technology Act, 2000. There is no separate provision for cookies but, the definition of a computer virus has been stated. This has to be considered by the companies to take into account the cookies in their systems.

Secondly, the Personal Data Protection Bill of 2019 has defined the term “personal data”. This has covered the scope of cookie but, it has not been mentioned directly in the bill. In the judgement of Puttuswamy, it was also held that the data controller should secure personal information from the deanonymised data.

Thirdly, the Indian Contract Act, 1872 states the legal obligations of the binding contracts. This means that agreeing to the terms and conditions of the cookies lead to a contract. Hence, the contract act plays a vital role between the data controller and the user. Further, the Competition and Consumer Act, 2010 also states some of the provisions that are related to Consumer Data Rights. This prevents unfair practices on both ends. This involves cookies as they hold the data collection. Though cookies are not yet considered as Private information in our country, the arbitrary usage of cookies has not been included in the legislatures completely.

WHAT IS THE NEED OF SUCH A LAW IN INDIA?

As privacy plays a vital role, it is necessary to enact a law related to cookies.The main objective of the cookie law that is the requirement in the country can be the right to private life, the confidentiality of communications and the protection of personal data in the e-world.  Though the statutes state some of the facts, it is necessary to have full information and a proper set of rules and regulations. The cookie law will enable companies to formulate their websites in a particular way. Like EU Cookie law was enacted at first, then it got replaced, in the same way, India also needs a start to such enactments.

CONCLUSION

There can be a plethora of negative outcomes with the absence of the cookie law in India thus it features the need to form one considering the administrative holes to address the danger of anonymization that is being posted due to the absence of such a law in the country. When we create a dichotomy between GDPR and present legislations in India, we see that there is a dire need of cookie laws. What India requires qat the moment is not to impersonate the cookie law ordered by the EU and ought to rather form a law that will be comparable with its administrative scene, social directions, and business interests as per the functioning of the country. An Indian law can guarantee that the commitments of the organizations or the firms that includes information and data in their everyday work cannot really be diminished to make them comparable with the danger from their exercises. This law would limit the consistent expenses of the more modest firms guaranteeing that the expenses of keeping up with information protection don’t offset the advantages.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.