After Cambridge Analytica Case, Govt Asks Facebook if Data of Indians Was Misused

After Cambridge Analytica Case, Govt Asks Facebook if Data of Indians Was Misused is a Hindustan Times report by Jatin Gandhi and Vidhi Choudhary published on 28 March 2018. The article documents the Ministry of Electronics and IT’s notice to Facebook seeking clarification on whether Indian voter data was compromised by Cambridge Analytica and what safeguards existed against electoral manipulation, whilst featuring expert analysis questioning the legal efficacy of government inquiries lacking statutory foundation.

Contents

  1. Article Details
  2. Full Text
  3. Context and Background
  4. External Link

Article Details

📰 Published in:
Hindustan Times
📅 Date:
28 March 2018
👤 Authors:
Jatin Gandhi, Vidhi Choudhary
📄 Type:
News Report
📰 Newspaper Link:
Read Online

Full Text

The government on Wednesday asked Facebook Inc to clarify whether the company or any of its associates or partners that has access to user data had engaged in the manipulation of elections, according to a statement issued by the ministry of electronics and IT.

The government release said the ministry sent a letter to the company asking what "proactive measures are being taken to ensure the safety, security and privacy of such large user data and to prevent its misuse by any third party?" and whether the personal data of Indian voters was "compromised by Cambridge Analytica" or any other entity. Facebook has been asked to respond to the questions by April 7.

The query comes against the backdrop of revelations by a whistleblower that CA had accessed data of millions of users.

This data was allegedly used to influence the outcomes of the Brexit poll and the US presidential election. The same whistleblower said that he "believes" CA was retained by the Indian National Congress, a charge the Congress has denied. Hindustan Times has previously reported, referencing the website of CA's Indian partner that has since been taken down, that the company claims to have worked for both the Congress and the BJP in India. A parliamentary panel on IT has asked ministry officials to appear before it on April 6 and respond to queries on "citizens data security and privacy", BJP lawmaker and chairman of the committee Anurag Thakur said.

On March 23, the government issued a notice to political marketing firm Cambridge Analytica seeking details of an alleged data breach and attempts to influence election outcomes.

FB said it is working hard to tackle past abuse and prevent it in the future. "We are strongly committed to protecting people's information. As Mark Zuckerberg has said, we are working hard to tackle past abuse and prevent future abuse. We appreciate the opportunity to answer questions the Ministry of Electronics & Information Technology has raised, as we continue our review of the situation," a Facebook India spokesperson said in response to an email query.

Experts, however, said that the government's questionnaire may not yield much except showing it is serious about data misuse and stressed on the need for a strong data protection and privacy law. Apar Gupta, a Delhi-based lawyer and cyber media law expert, said the government's communiqué to the social media company is not a legal request and does not originate from any clear basis in law. "Hence, FB may not only choose to ignore it but also will not have any objective legal standard from which to make their response. This entire exercise on part of the government may assuage public concern but will not solve the underlying problem of the absence of a legal protection for data protection," he added. A 10-member committee headed by retired Supreme Court judge BN Srikrishna is in the process of examining privacy and data protection issues and coming up with a draft legislation.

Sunil Abraham, founder of the think tank Centre for Internet and Society, said Wednesday's letter sends out the message that Indian policy makers are serious about holding Internet giants accountable for their actions and the eyes of these decision-makers will be on FB in the run up to the next election. India is a key market for Facebook with 217 million people using the platform every month. The company also operates instant messaging app WhatsApp which recently introduced payments on its platform, giving the company access to financial data of Indian users.

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Context and Background

This report was published in March 2018, amid global fallout from the Cambridge Analytica scandal, which emerged after whistleblower Christopher Wylie disclosed that the political consulting firm had harvested data from millions of Facebook users without consent. The data was used to build psychological profiles for targeted political messaging during elections in the United States and the United Kingdom, triggering regulatory scrutiny worldwide.

India’s response formed part of this broader international reaction. On 28 March 2018, the Ministry of Electronics and IT wrote to Facebook seeking clarification on whether Indian voter data had been compromised, what safeguards existed to prevent misuse by third parties, and whether the platform or its partners had engaged in electoral manipulation. Facebook was given a deadline of 7 April to respond, while a parliamentary IT committee also summoned ministry officials to address concerns around citizens’ data security and privacy.

The Indian dimension of the controversy was complicated by claims that Cambridge Analytica had worked in the country. Wylie said he believed the firm had been retained by the Indian National Congress, a claim the party denied. Archived material from the website of Cambridge Analytica’s Indian partner, later taken down, suggested links with both major political parties, reinforcing the government’s cautious, non-partisan framing of the issue.

Legal experts pointed out a key limitation of the government’s action: the notice to Facebook had no clear statutory basis. As Apar Gupta observed, in the absence of a comprehensive data protection law, such inquiries could signal concern but lacked the legal force needed to compel disclosure or enforce accountability. The episode unfolded while the Justice B.N. Srikrishna Committee was drafting India’s data protection framework, highlighting the gap between regulatory intent and enforceable legal protections at the time.

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