Introduction:
Truecaller is a cell phone application that has highlights of caller recognizable proof, call-impeding, streak informing, call-recording (on Android up to adaptation 8), Chat and Voice by utilizing the web. It expects clients to give a standard cell versatile number for enlisting with the administration. Truecaller is created by True Software Scandinavia AB, a privately held organization with an administrative center in Stockholm, Sweden established by Alan Mamedi and Nami Zarringhalam in 2009 however the vast majority of its workers are in India.
Most smartphone users are found to be using this application to trace and block spam calls, but the question in hand that should be addressed is how is this specific application Truecaller, able to access all the personal names, data, and contact information of all its users. The application is accessible in all nations in light of the fact that Truecaller utilizes publicly supported (information gathered from public clients) which permits it to work in spots where public information is inaccessible, for example, the UK, India, and SA.
To utilize the App, you need to download it and permit it admittance to your whole rundown of contacts in your phonebook. As a feature of the client arrangement, the Truecaller application requests that you permit it admittance to your location book/contacts on your advanced cell. This information is then transferred by the App to the organization’s workers. Subsequent to experiencing a few information coordinating/refining calculations, this information is made accessible to all Truecaller clients. Thus, if even one individual that has your name and number put away on their telephone utilizes the Truecaller application, your contact number and name would wind up in the Truecaller information base. This permits anybody to look through your number. [1]
The privacy policy statement of Truecaller states that “When You install and use the Services, Truecaller will collect personal information from You and any devices You may use in Your interaction with our Services. This information may include e.g.: geo-location; Your IP address; device ID or unique identifier; device manufacturer and type; device and hardware settings; SIM card usage; applications installed on your device; ID for advertising; ad data, operating system; web browser; operator; IMSI; connection information; screen resolution; usage statistics; default communication applications; access to device address book; device log and event information; logs, keywords and meta data of incoming and outgoing calls and messages; version of the Services You use and other information based on Your interaction with our Services such as how the Services are being accessed (via another service, web site or a search engine); the pages You visit and features you use on the Services; the services and websites You engage with from the Services; content viewed by You, content You have commented on or sent to us and information about the ads You see and/or engage with; the search terms You use; order information and other usage activity and data logged by True caller’s servers from time to time.
We may use any of the information collected, as set out above, to provide You with location and interest-based advertising, marketing messaging, information, and services. We may also use the collected information to measure the performance of our advertising and marketing services”.[2]
In light of the abovementioned, while Truecaller permits you to look through telephone numbers and square spammers, the protection and data security chances don’t appear to merit the advantages the App brings.[3] The most commonly made mistake or misconception that exists is that users usually think that their information is removed from the true caller’s database once they delete or uninstall the application. But in reality, you are supposed to unlist your number which will delete all the previous call records of yours from their database.
The Legal Validity
On November 24th November 2017 the Indian Army released an advisory for its personnel to delete the Truecaller application from their phones immediately. The warning gave takes note of that Truecaller is a “spyware” or a “malware product” and that it should be promptly erased from the individual and authority telephones. The advisory likewise recorded around 40 other applications, generally from China-based organizations, that ought not to be introduced on cell phones by the Indian Army workforce and on the off chance that they are introduced, they should be erased right away. The warning zeroed in generally on applications that are China-based however Truecaller hung out in that rundown, not just in light of the fact that it was not a Chinese application but rather additionally it was recorded among the applications the Indian Army considered generally perilous. While the list is meant for people part of the national security apparatus, if the Indian government is deeming an app dangerous for its officials it is also probably dangerous for regular users.[4]
Although Truecaller turned down the allegations and strongly denied that the application is not malware it did give rise to a series of doubts and questions regarding the privacy policy of the application. It was further said that Truecaller will investigate the allegations made against them and look into the advisory of the Indian Army.
The main issue regarding the Truecaller application is the issue of the privacy policy and also sensitive private information of individuals like contact info and sometimes even location is said to have been leaked and this is in direct violation of right to privacy of an individual. This is where the question of legality comes. The Indian army on the issue of privacy in Truecaller opines that “The problem is with the default behavior of Truecaller. It has built-in some privacy checks — you can delist your number if you find it in the Truecaller database — but these steps are afterthoughts. By design, by default, Truecaller is a pervasive app. Its business model is all about collecting numbers. And it does so zealously. When you install the app, it takes a look at your whole contact book and siphon off that data — numbers and names included — to its servers”.[5]
Most people believe that Truecaller doesn’t leak information. But it does put them up there in the Truecaller database for some degree of public use without seeking any permission from the people whose numbers it has. If you have a number, you can easily find out the name and address (at least city-specific) of the person who uses that number from the Truecaller search. And if you have a name, even then you can search the database and get some details of that user, along with an option to seek the full number from the user.[6]
Thus, the main question of legality is whether the Truecaller application violates the right to privacy of individuals. According to the justification given by Truecaller, the privacy policy of the application is no different from that of other applications. But with widespread news of information leakage citizens of India are demanding more accountability from the founders of the application and also prove beyond a reasonable doubt that this particular application doesn’t violate the privacy rights of the Individual.
Conclusion
Although on a plain reading True Caller is a great application protecting people from scam calls and also providing other services like online cash payment options, the privacy of an individual is really at risk. Rumors about personal information stored in Truecaller application being leaked and also the advisory issued by the Indian Army has made people look into and think about the legal validity of Truecaller. The issues relating to the privacy of a person is something to be considered seriously since it is a fundamental right granted to the citizens by the Constitution of India. Although Truecaller has denied the allegations against it, the issue of privacy should be investigated more and the citizens of the country should be given proper assurance that personal information like contact and location of an individual is not available publicly without the actual permission of that particular person and none of the fundamental rights are violated.
References:
[1] The truth behind truecaller. (2017, December 9). PPM Attorneys. https://www.ppmattorneys.co.za/truth-behind-truecaller/
[2] Privacy policy. (n.d.). The world’s best Caller ID & Spam Blocking app | Truecaller. https://www.truecaller.com/california-privacy-policy
[3] The truth behind truecaller. (2017, December 9). PPM Attorneys. https://www.ppmattorneys.co.za/truth-behind-truecaller/
[4] Indian army says TrueCaller is a spyware, should be deleted from phones immediately. (2017, December 1). India Today. https://www.indiatoday.in/technology/news/story/indian-army-says-truecaller-is-a-spyware-should-be-deleted-from-phones-immediately-1097267-2017-11-30
[5] Indian army says TrueCaller is a spyware, should be deleted from phones immediately. (2017, December 1). India Today. https://www.indiatoday.in/technology/news/story/indian-army-says-truecaller-is-a-spyware-should-be-deleted-from-phones-immediately-1097267-2017-11-30
[6] Dear Indians, have mercy on others and STOP using Truecaller. (2017, September 22). India Today. https://www.indiatoday.in/technology/talking-points/story/dear-indians-have-mercy-on-others-and-stop-using-truecaller-360275-2016-12-30
Other Sources:
- Mandavia, M. (2020, July 09). Truecaller says disappointed by Indian Army’s ban on app for personnel. Retrieved December 8, 2020, from https://economictimes.indiatimes.com/tech/software/truecaller-says-disappointed-by-indian-armys-ban-on-app-for-personnel/articleshow/76872278.cms?from=mdr
- Mitter, S. (2019, May 22). Truecaller user data for sale? Company says investigating “illegal activity”. Retrieved December 8, 2020, from https://yourstory.com/2019/05/truecaller-data-sale-company-launches-investigation?utm_pageloadtype=scroll
- Anwer, J. (2017, September 22). Dear Indians, have mercy on others and STOP using Truecaller. Retrieved December 8, 2020, from https://www.indiatoday.in/technology/talking-points/story/dear-indians-have-mercy-on-others-and-stop-using-truecaller-360275-2016-12-30
- Krishnan, R. (2019, May 22). Truecaller: Real threat: Truecaller data available for sale. Retrieved December 12, 2020, from https://economictimes.indiatimes.com/tech/internet/real-threat-truecaller-data-available-for-sale/articleshow/69437379.cms?from=mdr
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