Former RSS ideologue K.N. Govindacharya has moved the Supreme Court raising concerns over the use of foreign-based software and internet applications for videoconferencing by the judiciary and government departments, claiming it to be a high security risk.
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His plea said it would be best to utilise the videoconferencing software provided by the National Informatics Centre (NIC) for the functioning of government departments and courts across the country.
The plea claimed that after the first phase of the nationwide lockdown that began on March 25 due to the COVID-19 pandemic , the government had announced its work from home policy for public servants, while courts largely remained shut and only held select hearings through videoconferencing.
It said that most courtrooms as well as government departments were using different software and internet-based applications like WhatsApp, Skype and Zoom, for work-related communication and videoconferencing.
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“It is true that a unique situation requires unique solutions, but the same cannot be at the altar of the rule of law. It is submitted that most of the videoconferencing software being used are products of foreign internet companies, with their terms of use mandating transfer of data outside India as well as its commercial exploitation,” the plea said.
It said the transfer of data, especially of the government and the judiciary, outside India might impact national security and affect the sovereignty of the country.
“It is submitted that the transfer of data, which inevitably takes place as a result of the use of foreign-based videoconferencing software, might assist, directly or indirectly, an enemy or might prejudicially affect the sovereignty and integrity of India, the security of the State or friendly relations with foreign States,” the plea said.
“In case the sophisticated software made by the NIC is not readily available, suitable software from a private vendor may be audited by the NIC and be certified for usage by the government and the judiciary,” Mr. Govindacharya said.
The plea also sought requisite amendment to the Supreme Court Rules, 2013, and the Rules of the High Courts with necessary safeguards for conducting hearings through videoconferencing.
The interim application has been filed in Govindacharya’s pending petition in the apex court on the issue of live-streaming of proceedings with respect to cases of constitutional importance.
The apex court, in its September 26, 2018 verdict, had allowed the live-streaming of court proceedings of cases that were of constitutional and national importance, stating that this openness was like “sunlight” which was the “best disinfectant”.
