Delhi High Court bench comprising of Chief Justice DN Patel and Justice Prateek Jalan issued for a response from the respondents regarding Google Pay allegedly violating guidelines regarding the storage, localization, and sharing of data and adjourned the hearing of this matter till September 24. The petitioner, one Abhishek Sharma, also applied for directions to RBI for taking actions in this matter and to impose fine on Google Pay for grave violation of laws.
This mobile payment service was first introduced as “Tez” which was then renamed as “Google Pay”. The plea required guidelines for Google India Digital Service Pvt Ltd to sign an undertaking stating not to store any information under its UPI ecosystem and not to further share that information with any party- be it holding or parent.
“’ Google Pay ’ is a third-party app that facilitates payment in the UPI ecosystem and is able to do the same by partnering with various PSP (Payment Service Provider) /acquirer banks,” the plea said.
“Further, ‘Google Pay’ is regulated by the National Payment Corporation of India which is responsible for granting permission to PSP as Banks and to Third-Party Apps (TPAs) to operate under the UPI network,” it added.
Claims by the petition
“That the procedural guidelines governing ‘Google Pay’ prohibits sharing of user data by TPA and cast a specific liability on the PSP banks to ensure that no such data is shared by TPA in contravention to the applicable norms and law,” the plea said.
The plea said that Google Pay is sharing data openly with its own group companies and third parties by way of “Combined Google Pay Terms” and is even making money out of it. It also said that the company through this app pursues the access to location of the users in the pretext of security and uses it to earn money by offering targeted or custom-made promotion opportunities to promoters.