The Dialogue organised three virtual stakeholder consultations to appreciate the Indian Encryption Debate better.
- The first consultation primarily discussed the Telecom Regulatory Authority of India’s (TRAI) recommendations on the Regulatory Framework for Over-The-Top Communication Services.
- The second consultation revolved around Enabling a Progressive Cyber Security Regime, and the role of encryption.
- The third consultation focussed on the legal and constitutional implications of the IT Rules of 2021.
The distinguished panellists focussed on finding a way forward within this space and the development of domestic encryption technology and related policies. To do so, they first discussed the broad challenges that act as a hindrance to such development, like limited financing, lack of awareness, and the national security versus privacy debate, among other issues. While each speaker made multiple recommendations, there were several that garnered unanimous approval. These included the need to increase investments within this sphere to boost R&D and increase awareness of how a robust cybersecurity regulation needs to be transparent and accountable to the users in cyberspace. Most importantly, it was understood that encryption is an essential first step to protect the fundamental right to privacy and online safety, national security, and data security within various fields like e-commerce, education, health, finance etc. Therefore, encryption is non-negotiable in any progressive data protection regime. Without encryption, it is likely that the aforementioned ideals will be compromised. Lastly, the panel pointed out that encryption and national security are not mutually exclusive and are, in fact, harmonious to one another.