The importance of privacy has been underscored globally, and the right to it is increasingly being recognized as a fundamental one. In this regard, the Indian government has recently taken a firm stand, declaring that it is not mandatory for customers in India to provide their mobile numbers to retailers at the time of purchase.
Privacy Concerns and Consumer Rights
The Indian Consumer Affairs Ministry has responded to consumer complaints by issuing an advisory instructing retailers not to demand customers’ personal contact details for certain services. This move came after it was observed that many retailers claimed they could not generate a bill without obtaining personal contact details, a practice deemed unfair and restrictive under the Consumer Protection Act.
The mandatory provision of mobile numbers was seen to infringe on consumer rights and privacy. Often, customers were put in an uncomfortable position as they had no option to opt out of providing this information. The Consumer Affairs Ministry aimed to rectify this practice and ensure that retailers understand and comply with the regulations, as part of the government’s efforts to protect consumer rights and promote fair trade practices.
The advisory emphasized that insisting on customers’ contact numbers is not just an unfair practice, but also a “punishable offence” under the Information Technology Act. In a letter addressed to major industry entities, Union consumer affairs secretary Rohit Kumar Singh stated that insisting on a mobile number during the sale of a product, even when a consumer opts not to provide the same, is a violation of their rights and constitutes an unfair trade practice under the Act.
The Impact on Consumers
This insistence on mobile numbers often resulted in consumers being flooded with marketing and promotional messages from retailers, which they did not even opt for at the time of purchasing the product. This is a clear violation of privacy, as customers should not be forced to share their personal information against their will.
Furthermore, the advisory referred to Section 72-A of the Information Technology Act, which states that disclosing personal information of a person, including mobile numbers obtained at the time of a sale, without his or her consent or in breach of a lawful contract, to any other person, is a punishable offence.
Final Thoughts and Government Advice
Union Minister of State for Electronics and Information Technology, Rajeev Chandrasekhar, advised consumers to withhold their personal mobile phone number from merchants unless they have a valid reason to do so. This advice from the government is an important step towards upholding the privacy rights of consumers in India.
In conclusion, the Indian government’s advisory stands as a strong statement against intrusive retail practices that compromise customer privacy. It is a reminder that businesses must respect the rights and privacy of their customers and that consumers themselves should be aware of their rights and insist on their privacy.
