NEW DELHI: The Supreme Court on Thursday sought responses from the Centre, the RBI, and the National Payments Corporation of India on a PIL which alleged breach of economic knowledge safety of Indians the use of ‘Unified Payments Interface’ (UPI) products and services introduced through large gamers like Amazon Pay, GooglePay and challenged the permission to WhatsApp to start out UPI products and services.
A bench of Chief Justice S A Bobde and Justices A S Bopanna and V Ramasubramanian entertained the PIL through CPI’s Rajya Sabha member Binoy Viswam alleging that the companies breached the RBI legislation and the present legislation which mandated the ones providing such products and services to retailer monetary knowledge on servers positioned in Indian and no longer switch them in a foreign country. Viswam’s petition, filed thru suggest Sriram Parakkat, stated the petitioner’s purpose was once to “protect the fundamental right to privacy of millions of Indians who are using UPI’’, which is regulated by RBI and NPCI.
WhatsApp’s UPI services had earlier been questioned before the court leading to an undertaking from the sister concern of social media giant Facebook to tell the SC that it would not begin operations till it got authorization from the regulators. The issuance of notice on Viswam’s petition evoked vociferous protest from Facebook and WhatsApp counsel Mukul Rohatgi and Kapil Sibal, who said once the court entertained the petition, the process for grant of authorization to WhatsApp for UPI services would come to a standstill.
Appearing for Viswam, senior advocate Shyam Divan said the cursory manner in which the NPCI said it derived comfort from the auditor’s report about WhatsApp complying with the data localization requirement was something which required deeper examination to ensure the privacy of financial data of citizens was not compromised.
Divan said WhatsApp did not have local servers in India and operated through servers of parent company Facebook. “The twin requirements — UPI data being stored in India and not exported outside India — are not met in case of WhatsApp,” he stated.
Let’s start building wealth with us The Wealth Home