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Will VPN Providers and the Indian Government Clash Over New Rules on User Data Collection?

ExpressVPN will never be forced to give non-existent client data.

The Ministry of Electronics and Information Technology, which administers CERT-in, has mandated all VPN providers and cryptocurrency exchanges save user records for five years. Some of the most well-known VPN providers, such as NordVPN and ExpressVPN, claim to collect only the most basic information about their customers and to provide ways for them to stay relatively anonymous by accepting Bitcoin payments. 

VPNs reroute users' internet connections through a separate network; this can be done for a variety of reasons, such as connecting to a workplace network that is not available from the general internet or accessing prohibited websites by using servers in other nations. 

Another characteristic of VPNs several VPN companies like Nord promote as a selling factor is privacy. They frequently claim to keep no logs; Nord's no-logs policy has been examined by PriceWaterhouseCoopers regularly. However, the IT Ministry's ruling would force the corporation to deviate from such a guideline for servers in India.

What sort of data does the government expect firms to preserve? 
  • Names of subscribers/customers who have hired the services have been verified.
  • Hire period, including dates.
  • IP addresses assigned to/used by members.
  • At the moment of registration/onboarding, the email address, IP address, and time stamp were utilized. 
  • Why are users hiring services? 
  • Validated contact information and addresses.
  • Subscriber/customer ownership patterns when hiring services.

Official orders from CERT-In, the government agency in charge of investigating and archiving national cybersecurity incidents, have generated controversy. It was announced in a press release for all "Data Centres, Virtual Private Server (VPS) providers, Cloud Service providers, and Virtual Private Network Service (VPN Service) providers" would be bound to maintain a variety of user data for at least five years after the service was canceled or discontinued. 

VPN industry's comment on user data?

ExpressVPN stated, that their apps and VPN servers have been meticulously designed to completely erase sensitive data. As a result, ExpressVPN will never be forced to give non-existent client data.

"Our team is currently analyzing the latest Indian government decree to determine the best course of action. Because the law will not take effect for at least two months, we are continuing to work as usual. We are committed to protecting our clients' privacy, thus if no other options exist, we may withdraw our servers from India," Patricija Cerniauskaite, a spokesman for NordVPN stated.

If NordVPN leaves India, would you still be able to use it?

Users will most likely be able to connect to NordVPN's servers in other countries even if the company decides to leave India. According to reports, NordVPN has 28 servers in India which users in India and other countries can connect to. Surprisingly, NordVPN's Indian servers provide access to websites that are normally restricted in India.

India enters an unfortunate list of other large countries where Nord and other VPN providers have either pulled servers or never had a presence: Russia, where Nord and other VPN providers pulled servers just after the country ordered VPN firms to provide backdoor access to government on demand in 2019; and China, where VPN providers are subject to stringent controls. 

The Internet Freedom Foundation, a New Delhi-based digital rights advocacy group, claimed in a comprehensive statement released Thursday afternoon, the requirements were "extreme" and would impair VPN users' "individual liberty and privacy."
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