The internet user base has expanded exponentially in the past decade in India. As per the Telecom Regulatory Authority of India (TRAI)’s latest report there were approximately 936.16 million internet users in December 2023. More gadgets in the home and workplace are getting connected to the internet and this is a call for a concern of digital security of the Internet of Things (IoT). More smart devices are connected with edge gateways and cloud platforms. IoT, while streamlining data sharing through sensors, also produces a large amount of data, more than any other emerging technology.
IoT, Edge Computing, and Industrial IoT are growing at an incredibly fast pace and they have become an integral part of our daily lives, with heavy dependence on various technologies. This significant increase in the use of technologies has led to an increased demand for modern legislation, regulations, and policies regarding IoT in India.
We are living in a future that we imagined a decade ago. The exponential growth in the technology sector is phenomenal for growth and development. However, Indian lawmakers didn’t primarily upgrade the IT and related technology laws. There are only a few legislations that govern and regulate the use of technology in our country. Let’s explore these laws to get a deep insight into the IoT in India.
What Comes Under IoT?
The Internet of Things or IoT, encompasses a broad spectrum of interconnected devices and systems that gather, share, and act upon data via the Internet. This includes consumer applications like smart home devices and wearables, industrial solutions for asset tracking and predictive maintenance, and innovations in healthcare for remote patient monitoring. Additionally, IoT extends to smart cities with infrastructure optimization and public safety systems, agricultural technology for precision farming and crop monitoring, and transportation and logistics for fleet management and route optimization.
IoT also includes smart buildings with energy management and security systems, retail applications for inventory management and personalised marketing, and advancements in energy and utilities for smart grid management and renewable energy integration. Wearable technology further enhances IoT with devices like smartwatches and fitness trackers. These applications collectively illustrate the diverse and expanding landscape of IoT technology across various sectors.
Legal Insights into IoT
At the cornerstone of data protection in India lies the Information Technology Act, 2000 (ITA), the Reasonable Practices and Procedures and Sensitive Personal Data or Information Rules, 2011, the “Code of Practice for Securing Consumer Internet of Things (IoT)”, 2022 and the Digital Personal Data Protection Bill (DPDPA), 2023 released by Ministry of Electronics & Information Technology (MeitY). These legislative instruments define the responsibilities of entities handling personal data and establish mechanisms for accountability in case of breaches.
Provisions for Data Protection: Sections 43A and 72 of the IT Act are pivotal in this regard. Section 43A imposes compensatory liability on entities failing to implement reasonable security practices, resulting in the wrongful disclosure of personal data. Section 72, on the other hand, addresses the unauthorised disclosure of electronic records, prescribing stringent penalties for offenders. These provisions underscore the imperative of robust security measures and informed consent in safeguarding sensitive information.
The first draft of the policy on IoT was released in the year 2015. MeitY launched this draft in 2015 which is a strong governance framework that aims at holistic implementation and execution of policies related to IoT. This policy is the main policy governing the IoT in India. It gives directives to the industry stakeholders at large that govern how to transfer data and share information through the internet in India. The policy is however not implemented properly in our country.
The DPDPA, 2023, safeguards how personal data will be stored and processed in a manner that recognizes both the rights of the individuals to protect their data and the need to process such personal data for lawful purposes. The act introduces obligations on data fiduciaries, putting limitations, regulations and various principles to uphold citizen’s data protection.
Telecommunications Bill 2023
Indian parliament introduced the Telecommunications Bill 2023 in Lok Sabha which repeals the Indian Telegraph Act, 1885, the Telegraph Wires (Unlawful Profession) Act, 1950, Indian Wireless Telegraphy Act, 1933. Further, this bill also amended the Telecom Regulatory Authority of India (TRAI) Act, 1997.
The new Telecommunications Bill of 2023 clearly emphasises on the new age technologies and particularly all the aspects of the IoT. This bill is a comprehensive collection of all the provisions related to IoT in India. The bill includes all the necessary provisions that can regulate all the necessary items that come under the IoT. This bill is imperative due to the fact that the technological landscape is undergoing a major revolution worldwide which has a significant impact on India.
