Privacy in Telecommunication Law
Which particular law specifically deals with the duty of telecommunication operator to keep confidential the data or details of individual subscriber, in India. We don't really have any specific provisions about the same in Nepal
The kinds of safeguards that currently exist under Indian law to protect the privacy of telecom users are broadly divided in three streams of protection :
1) The Indian Telegraph Act, 1885 and Rules framed with respect to that , which contains provisions that prohibit and penalize unlawful interception of communication. Furthermore, licenses issued to telecom service providers (TSPs) under this Act require TSPs to take measures to safeguard the privacy of their customers and confidentiality of communications.
2) The Telecom Regulatory Authority of India has issued various guidelines to TSPs many of which pertain to privacy.
One such regulation is Unsolicited Commercial Communications Regulation. In 2007, the Authority introduced the Telecom Unsolicited Commercial Communications Regulations which were aimed at creating a mechanism for registering requests of subscribers who did not wish to receive unsolicited commercial communications.
In February 2010, the TRAI issued a direction seeking to implement the privacy and confidentiality related clauses in the service providers’ licenses. Accordingly by this direction, the TRAI ordered all service providers to “put in place an appropriate mechanisms, so as to prevent the breach of confidentiality on information belonging to the subscribers and privacy of communication”. All service providers were required by this regulation to submit a report to the TRAI giving details of measures so adopted.
3) The Consumer Protection Act, 1986 provides customers with an avenue of redress in case of violation of their privacy.