Medianama Raises Unanswered Questions on E-commerce Liability and Data Use

Medianama, an Indian publication focused on technology and digital rights, has brought attention to a series of significant questions directed at various authorities and companies, particularly concerning e-commerce platform accountability and the use of personal data. The publication reports that despite posing these questions in August, it received either no response or only generic replies that did not adequately address the core issues.

One key issue centers on Flipkart, which was fined 500,000 rupees by the Central Consumer Protection Authority (CCPA) for facilitating the sale of non-compliant toys. Flipkart had argued it was an intermediary protected by Section 79 of the Information Technology Act. However, the CCPA rejected this defense, asserting that e-commerce marketplaces have platform-level obligations independent of intermediary protections.

Another area of concern involves Lenskart and its AI-enabled self-eye tests. Lenskart has introduced AI-driven eye exams and collects facial scan data for AI model training. Medianama questioned whether customers have consented to their biometric data being used for AI model training and who is liable for any misdiagnoses.

Furthermore, the publication is probing privacy concerns related to smart glasses. A case where a man issued a legal notice to Meta and an Instagram creator after being recorded by Ray-Ban Meta smart glasses without his knowledge highlights the broader issue of privacy in public spaces.

Medianama emphasizes the importance of these questions, especially in light of India's Digital Personal Data Protection Act, 2023. The law mandates clear consent for data processing and limits data usage to the purposes for which it was collected, raising questions about the practices of companies like Lenskart.