Protecting Your Privacy: Say No to Unnecessary Mobile Number Requests
Have you ever been in a situation where a stranger on the road asked for your mobile number? How about when a commercial establishment demands your phone number as a mandatory requirement to generate a bill? These scenarios may seem different, but they both raise concerns about our privacy and consumer rights. In this article, I’ll delve into the issue of unwarranted mobile number requests and why it’s essential to stand up against this practice.
A Government Advisory on Consumer Rights
Recently, the Department of Consumer Affairs of the Government of India issued an advisory addressing this very issue. The advisory, dated D.O.No.J-24\34\2023-CPU, is directed at various industry bodies and makes a crucial point: “insisting on the mobile number during the sale of a product as a prerequisite mandatory condition, even when a consumer opts not to provide the same, is a violation of their rights and constitutes unfair trade practice under the Act.”
This advisory underscore the importance of respecting consumer rights and privacy. While businesses may claim that collecting mobile numbers is necessary for processing returns and offering discounts, such practices can have serious repercussions.
Unfair Trade Practice and Legal Consequences
The deceptive excuse for demanding mobile numbers is often used as a reference for product returns and to enroll customers in marketing memberships. However, this falls under the category of ‘unfair trade practice,’ as defined in Section 2(47) of the Consumer Protection Act, 2019. The act aims to protect consumers from such deceptive practices.
Moreover, mobile numbers collected in this manner often find their way into marketing databases, leading to a barrage of unsolicited calls and messages. This breach of privacy is also addressed in the act, specifically in sub-section (ix) of Section 2(47), which prohibits disclosing personal information given in confidence by the consumer unless permitted by law.
Notably, unauthorized disclosure of personal information may constitute an offense under Section 72A of the Information Technology Act, 2000. This amendment, introduced in 2009, prescribes a severe punishment of up to three years in jail and a fine of five lakh rupees or both for such offenses.
Privacy as a Fundamental Right
Beyond legal consequences, the demand for mobile numbers is a direct invasion of privacy, now recognized as a fundamental right under Article 21 of the Constitution of India. The Supreme Court’s ruling in Justice K.Puttasamy (Retd) Vs Union of India firmly established the right to privacy.
The Missing Link: Digital Personal Data Protection Act
While the Digital Personal Data Protection Act, 2023, addresses many aspects of data protection, it seems to have overlooked this pervasive issue. The act primarily focuses on digital data and applications, rather than addressing privacy practices during physical retailing.
Key Provisions for Data Protection
While the act may not directly cover this concern, it does establish certain provisions regarding data protection. It emphasizes that personal data should be processed for lawful purposes and with the Data Principal’s consent. Consent must be specific, informed, unconditional, and unambiguous, aligning with the Data Principal’s rights. However, enforcing these provisions remains a challenge.
The Loophole and Its Implications
One aspect that perplexes is the act’s escape route for potential transgressors. The Illustration to Section 3 (c) states that if an individual voluntarily makes their personal data public on social media while blogging their views, the act does not apply. Unfortunately, many shopping malls and establishments collect mobile numbers under the guise of schemes, such as customer sign-ups for membership points, creating an illusion of voluntariness.
Taking Action as Consumers
To combat this chronic issue, consumers can take action. The next time a shop or mall insists on your mobile number, consider showing them the Consumer Department Advisory. If that doesn’t suffice, suggest adding a dummy number or their own if the software requires a phone number for generating a bill. Ensuring that software complies with legal requirements isn’t a complex task. If this practice continues, a few complaints before Consumer Commissions can act as a deterrent.
Protecting our privacy and consumer rights is paramount in the digital age. The unwarranted demand for mobile numbers is not only an invasion of privacy but also a violation of consumer rights. It’s vital that consumers understand their rights, and businesses adhere to ethical practices. By standing up against this practice, we can collectively promote transparency, respect privacy, and ensure a fair and secure consumer experience.
