Mobile subscribers who continue to get pesky calls and messages even after being in do-not-disturb list can expect a respite as regulator Trai has proposed more power for customers under new rules to control such communications and penalty of up to Rs 76 lakh per month on violators.
The Telecom Regulatory Authority of India (Trai) today proposed introduction of blockchain-based framework, apparently first-of-its-kind in the world, to prevent unauthorised access of subscribers data, make system non- repudiative and enhance confidentiality.
The Telecom Commercial Communications Customer Preference Regulations 2018 draft, which is open for public comment till June 11, proposes that mobile subscribers should be able to revoke permission anytime that they have given to a commercial entity through mobile app, website, SMS etc and the same should be updated in the blockchain based system within 24 hours.
"All the consents of customers have to be recorded digitally. Blockchain will ensure two things -- non-repudiative and confidentiality. Only those authorised to access details will be able to access subscriber details and only when they need to deliver service... Trai will become first organisation to implement this kind of regulation," Trai Chairman R S Sharma told reporters.
He said that many of the entities disown a telemarketer that they have not authorised it for any commercial communication.
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"The new system will capture entire details of who has been authorised and by whom. Only those who will be authorised by business entities will be able to operate telemarketing function," Sharma said.
The draft mandates all telemarketing messages to be sent with brand name in the header.
Under the proposed rule, customers will have choice to bar telemarketing calls from a industry vertical and also select time band during the day or weekday when they prefer to receive or stop receiving telemarketing calls.
Trai Secretary S K Gupta said: "It is learnt that many telemarketing firms get registered with telecom companies to obtain subscriber details. The new system will give access to only authorised agencies at the time they need to deliver service and details of only those subscribers who have agreed to receive the message.
"The digital record will show entire communication between entries involved."
To prevent leakage of subscribers data, the regulation proposes that subscribers data will not be visible to person operating the system in clear text or any application "other than the application performing the delegated function(s)".
Trai has proposed two-tier penalty under the proposed system which includes penalty on vendors involved in operation of the telemarketing system and also on telecom operators.
Telecom operators will be required to submit code of practice for blockchain-based framework.
The draft regulation proposes penalty of Rs 5,000 per day on operators for violating code for period of 30 days, Rs 20,000 per day thereafter with cap of Rs 10 lakh.
Under proposed regulation, telecom operator can also impose penalty on vendors that may have violated the norms.
In case operators fails to curb pesky calls and SMS menace, a slab based penalty for every violation that have occurred through system under it with upper cap of Rs 76 lakh per month.
Under the existing regulation, highest penalty of Rs 5 lakh is imposed on the telemarketer for violating norms.
The proposed regulation has relaxed blacklisting of unregistered telemarketers and disconnection of business entities found guilty of making pesky calls and SMSes.
It proposes to disconnect or cap usage of phone connections of the division involved in making pesky calls and messages.
In case pesky calls or SMSes are found to be sent by unregistered telemarketers for more than three times, all but one phone connection of such person will be disconnected for two years and the single connection will be allowed to make up to 20 calls and SMS in a day.
Under existing rules, all telecom connections of repeat offenders are disconnected for a period of 2 years.
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