We all have seen and experienced whenever we open any website for any research purpose or information, the website asks us to “accept cookies for better experience” and on accepting, we get to see all the information without any restriction. Most of us still don’t know what cookie is and how it works. So, let's know more about cookies.

Cookies but not the edible one:

When we hear the word “Cookie” we can only think about the edible and lip-smacking ones but in the technology the “Cookies” are meant to be “e-cookie”. Cookies are actually the small files which are stored in every website user to enhance the working of the website and to track the online behaviour of the website user. In some cases cookies policy is stored in the user’s mobile or in computer settings. Cookies not only enhances the website experience but also used for tracking users visits to the certain website and also cookies helps the user to remember the website or login ids or preferences even it helps the users to direct their preferences. Nowadays, almost every website has a cookie policy but before tracking the users behaviour its necessary to give them the notice about tracking their online behaviour and for this purpose cookies policy are applicable and needed for every website.

According to companies or website’s side cookies are for maintaining “Transparency” between the company and the users. The companies who applied the cookie policy are in the role of “Better to be safe than sorry”.

Types of cookies:

Basically there are two types of cookies;

1.Social media cookie: which helps social media to track the visitors while they are reaching onto some websites by visiting certain pages. It is known as “Tagging Mechanism”.

2.Session cookie: which helps the website to navigate their visitors but these cookies are temporary in nature and only exists till the website is in the use of visitor. These cookie also known as “Memory cookie”.

Why India needs a cookie law?

Cookies are used only for the business purpose as they navigate and track the users online activity and store data which users store online. Cookies take permission of the users as any website who applies cookies they ask for the permission by stating “Accept the cookies for better experience”.

But yes, sometimes we all do think about how our passwords save on the platforms or websites or how we can see pages or advertisements which we are thinking about or just searched for once. And the answer is yes, that is the work of cookies.

Common people don’t know any of that, but yes they are shocked after seeing that and because they feel scared they reduce the use of the internet or other IT related services.

We all agree with better experiences and results but only till they are really helping us. After some time it feels like stalking isn’t it? When someone or something continuously track our activities and research and other personal information or when we say because of internet we can experience our new term of “Freedom” but does it really a freedom ? When someone observing us 24*7- it’s not freedom and it is a stalking and only for control, prevent and maintain the use of “cookie policy” by companies or websites, India does need stringent and firm Laws.

Till date there is no specific cookie law in any country, even though EU has “E-derivate” is in the existences and it is only for the management of data privacy and restricted to the European region. Though it has been amended time to time but still found lack of implementation and some laws are not adequate.

Is Cookie policy violation of fundamental rights

When someone observe our online activity 24*7 and tracks all our activities without our permission leads to stalking. Also, it's harmful for our privacy. India still doesn’t have any firm laws for regulating use of cookies under data privacy.

KS Puttuswamy vs. Union of India:

Supreme court under the landmark judgment of KS Puttuswamy vs. Union of India, clear that right to privacy will be considered as fundamental right of the human being and can be mentioned under part III of the Indian Constitution and further stated that, under this no-one can use persons personal information without their consent. Otherwise it’ll be a violation of fundamental rights.

These are certain reasons for websites not applying cookies mandatorily, as cookies will be installed in a person's computer or laptop or mobile and track all their activities and personal information without their consent which leads to violation of their privacy.

Indian Laws are not enough; not mentioned the “Cookies”

1. IT Act 2000: There are no separate laws or rules and regulations under Indian legislation but the Information Technology act comes into existence for the protection of data privacy and management. But there is no law mentioning “cookies” but there is a term “Computer virus” which gives a hint about the cookies. But then the question arises as the company would take side of the cookies and explain how the cookies are not harmful and malicious and further it will be a never ending fight.
2. Personal Data Protection Bill 2019: In PDP 2019 cookies are not mentioned clearly but it clears the “Personal data'' meaning the data whether directly or indirectly identified by the natural person. But then the counter argument started by saying that the cookies involve the process of tracing or tracking data of the natural person, then why the cookies are not involved under the PDP 2019 bill. Then under the judgment of K.S. Puttuswamy vs. Union of India, supreme court stated that, the data controller should be the data protector as he can secure personal information of any individual. But the bill introduced the term “anonymization” under section 3(2) of the Bill.
3. Indian Contract Act,1872: When someone agrees to the terms and conditions of the company it leads to contract and exactly, the same thing happens when the user accepts the website's cookies. But there is not a single word about the same situation under the Contract Act.
4. Competition and Consumer Act 2010: The act helps to prevent unfair practice from both sides. Cookies are involved here as they collect data or personal information. But still cookies are not considered as “Private information” in our country and there are no rules and regulations for the arbitrary use of cookie policy by the companies or websites.

Need of the Enactments

As we all know “Data is the new currency “and for this purpose we fear of losing our personal information or getting stalked or the fear of data theft leads the person to data protection. Everyone wants to protect their own data from the companies who enter into their devices in the form of cookies and stalk them or observe their activities. But everyone also agrees that there is a huge gap between the Indian legislation regarding the rules and regulations related to the cookies.

India does need the cookie law or at least start to enact such law, like the EU (European Union) as they introduced GDPR for the e-privacy purpose and are only restricted to the Europeans countries. They seek the opt-in approach and restrict the companies to seek permission or consent before using cookies. GDPR works for the companies inside and outside companies of the Europe for e.g. any Indian company work in India but have the UK visitors, then they should comply with the guidelines of the GDPR. EU is still in the practical opt-in approach and faces a lot of trouble in the enactments of the law and came onto the conclusion that EU needs to be a separate and specific jurisdiction for the cookie law for the purpose of interpretation, compliance, enforcement etc.

Conclusion:

There is a lot of scope to develop in the sense of cookie law or the data protection law for saving personal information of any individual and for preventing the violation of privacy. India needs to adopt an opt-in approach like the EU and become experimental towards the laws then will be successful at some point by trying and enacting some laws or regulations.

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Thinking about starting new website and wants to add cookie policy or any other policy in your website, please visit our website- bestlegalservices.in. We have a team of professionals who can draft  cookie and privacy policy for your website in very simple and clear language.