Recently we reported that Microsoft is planning to implement the new GDPR rules worldwide for all their products and services. While this looks like a great move to let users control the data accessed by companies, Microsoft has been called into question for the same reason.
A businessman named Vinit Goenka has filed a petition with the court accusing Microsoft of illegal data collection, spying, and data theft. According to Vinit, Microsoft accessed sensitive information on his computer and sold it to third-parties without consent. He realized this after getting multiple emails from third-parties which led him to suspect that the sensitive information has been leaked. Vinit then came to know that this is not the first time Microsoft has been accused of data theft. He filed a petition against the company after reading several older articles published by the CNN, Forbes, etc.
The Petitioner submits that the extent of threat the country is exposed by the present scenario wherein Respondent No. 2(Microsoft) has complete access to our country’s data and has the same stored in some foreign location. And in the absence of any such law/regulation to seize such data, the country is in a vulnerable position. Inputs from varied sources have also revealed the use of such software with in-built trap-doors and vulnerabilities to capture data, which has a potential to be leveraged for purposes which could be against India’s national interest. Considering the seriousness of the issue, it makes a case for undertaking a thorough multi-disciplinary security audit of software in use, vulnerabilities that would exist, and the potential of damage that would result because of such vulnerabilities.
According to the petition, Vinit points out that Microsoft is breaking one of the fundamental rights which is Right to Privacy. He further indicated that the information captured by Microsoft could easily be used against India’s national interest. The petition has been filed through Advocates Khusbhu Jain and Sriram P. and the bench headed by the Chief Justice of India thought to post it after the judgment in Aadhaar case.
Via: Live Law