Apple, Google and Samsung Reportedly Challenge India's New Proposal on Always-On Smartphone Location Tracking

The Government reportedly received a proposal from the Cellular Operators Association of India (COAI) in June, which stated that user locations should only be provided if always-on smartphone location tracking is mandated. However, as per the report, Apple, Google, and Samsung have objected to the proposal citing privacy concerns. Currently, neither MeitY or the Home Ministry has reportedly reached a decision, and a stakeholder meeting is expected to take place in the coming days. Notably, recently, the Department of Telecommunications (DoT)'s circular about mandating the Sanchar Saathi app was also met with backlash, and was eventually rescinded.

COAI Reportedly Proposes Device-Level Location Tracking

According to a Reuters report, industry group COAI, which represents Reliance and Bharti Airtel, has proposed that smartphone makers should integrate satellite-based Assisted GPS (A-GPS) tracking that remains active at all times. Citing an email viewed by the publication, the report stated that if the proposal becomes mandated, authorities could pinpoint a user's location with meter-level accuracy, far more precise than current methods that rely on cell tower triangulation and offer only rough area estimates.

Documents and internal emails reviewed by media outlets suggest the proposal also includes disabling users' ability to opt out of location services. Pop-up notifications currently alert users when carriers attempt to access their location data; the proposal reportedly calls for those alerts to be removed as well. Arguments made in its favour include not alerting a target during criminal investigations and tracing stolen or fraudulent devices.

Lobbying group India Cellular & Electronics Association (ICEA), which represents Apple and Google, reportedly sent a confidential letter to the government in July, highlighting that such a measure does not have precedence “anywhere else in the world.” Notably, both the smartphone makers, as well as Samsung has urged the Government not to mandate these provisions.

Some of the arguments made against the proposal of forcing always-on location tracking include undermining user privacy, exposing sensitive groups (journalists, judges, and defence personnel) to surveillance risks, and violate global norms around user consent. As of now the Government has not made a final decision. A meeting scheduled between regulators and smartphone makers was reportedly postponed, highlighting continued deliberations over the issue.