Introduction

The Department of Telecommunications (DoT) has instructed smartphone manufacturers and importers to pre-install the Sanchar Saathi application on all new mobile devices. The app is designed to combat digital fraud, trace stolen devices, and prevent misuse of SIMs. But its mandatory installation has raised widespread concerns about privacy, surveillance, user consent, and constitutional rights. The government later clarified that the app is “optional,” but the directive mandating its pre-installation has created ambiguity.

Why in the news

Sanchar Saathi’s mandatory pre-installation order marks a major shift because devices in India have never required a state-controlled app by default. This reversal from voluntary to mandatory installation has generated concerns about surveillance risks, access to sensitive data, and violation of user consent. The scale is significant as India is the world’s second-largest smartphone market; even small changes affect millions. Legal experts view it as a possible infringement of the fundamental right to privacy.

What the Government’s App Actually Does

1. Blocking & Tracking: Allows blocking or locating lost/stolen phones anywhere in India using IMEI-based tracing.
2. User Option to Block IMEI: Enables users to prevent stolen devices from being activated.
3. Support to Law Enforcement: Assists police in identifying counterfeit devices and preventing black-market circulation.
4. Fraud Prevention: Helps report fraudulent calls, messages, and online scams via unified channels.

Why Has Sanchar Saathi Triggered Concerns?

1. Ambiguity Around Consent
   1. Unclear Mandate: Pre-installation directive contradicts the Minister’s statement that the app is optional.
   2. User Autonomy: Mandatory installation affects user ability to choose, delete, or disable the app freely.
2. Expanded State Power
   1. Exceptional Move: First time the government mandated a wide-scale state app on all devices.
   2. Precedent Risks: May normalise future mandates for state surveillance tools.
3. Privacy Risks
   1. Data Access: App uses Android’s Mobile Security Framework enabling access to call logs, camera, SMS, and unique device identifiers.
   2. Opaque Permissions: Apple devices require permissions for photos, files, and camera.
   3. Potential Misuse: Centralised data collection may heighten misuse & monitoring risks.

What Data Does Sanchar Saathi Collect?

1. IMEI Data: Unique identifier used to block stolen devices.
2. Call Logs & SMS Data: Access allowed when reporting fraud or using suspicious call detection features.
3. Camera Access: Needed for uploading barcodes of mobile equipment (IMEI verification).
4. Personal Information: Includes phone numbers, Aadhaar-linked data, and registration details.
5. Problem: The app’s privacy policy bans sharing identifiable information except when required by law, but the phrase “required by law” remains broad and open-ended.

Constitutional & Legal Concerns

1. Lack of Consent: Forced Pre-installation undermines voluntary, informed consent, a core component upheld under the Puttaswamy judgment (2017).
2. Three-fold Privacy Test: Experts argue mandatory pre-installation fails:
   1. Legality: No explicit statutory backing for a nationwide mandate.
   2. Necessity: No demonstrated need requiring compulsory installation.
   3. Proportionality: Data access far exceeds the minimum required for fraud detection.
3. Surveillance & “Function Creep”
   1. Risk of Expansion: Potential to expand into unrelated data surveillance functions.
   2. No Independent Oversight: Absence of clear audit mechanisms, grievance redressal, or limits on retention periods.

Way Forward 

1. Clarity of the mandate: Issue a clear written policy stating the app’s status to remove confusion.
2. Addressing Privacy Risks: Limit data permissions to essential functions and publish regular audit reports.
3. Ensuring Consent & User Autonomy: Provide a visible and fully functional uninstall or disable option.
4. Preventing Surveillance Overreach: Create independent oversight to monitor misuse and restrict function creep.
5. Building Trust Through Transparency: Disclose data flows, retention rules, and access logs in the public domain.

Conclusion

Sanchar Saathi addresses real concerns of digital fraud and misuse of mobile devices. However, its mandatory pre-installation, broad data permissions, unclear safeguards, and inconsistent communication have created concerns about state overreach and privacy violations. The app’s utility must be balanced with constitutional guarantees, transparent policy design, and robust data protection mechanisms.

PYQ Relevance

[UPSC 2024] Right to privacy is intrinsic to life and personal liberty and is inherently protected under Article 21 of the constitution. Explain. In this reference, discuss the law relating to D.N.A. testing of a child in the womb to establish its paternity.

Linkage: This PYQ links directly to debates on privacy, consent, and proportionality governing state access to sensitive personal data. It shows how intrusion into bodily or digital autonomy must meet strict constitutional tests.

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