As dating apps gain popularity in India, concerns over data privacy and security grow, making legal protections like the Digital Personal Data Protection Act, 2023, more crucial than ever.
NEW DELHI: As India continues its trajectory of modernization and technological advancement, its approach to romance is also undergoing a significant transformation.
Dating apps have seen a sharp rise in popularity, with Indian users spending an additional $31 million on such platforms in 2022 compared to the previous year—a trend that is expected to continue. However, while these platforms offer convenience and expanded social opportunities, they also pose considerable risks concerning data privacy and security.
Dating apps collect vast amounts of personal and sensitive user data, yet they often lack transparency regarding how this information is stored, processed, and transferred.
This blog explores the types of data gathered by dating applications, the associated risks, and how evolving legal frameworks, particularly India’s Digital Personal Data Protection Act, 2023 (DPDPA), are poised to shape the landscape of data privacy in online dating.
Legal Framework Governing Digital Data in India
Currently, digital data in India is regulated under the Information Technology Act, 2000 (IT Act), and its associated rules. However, the recently enacted DPDPA and its draft regulations are set to replace the IT Act in matters related to personal data processing.
Under Sections 5 and 6 of the DPDPA, user consent is the primary legal basis for processing personal data. The Act stipulates that such consent must be freely given, specific, unambiguous, and obtained through clear affirmative action. This ensures that individuals fully understand the purpose and scope of data collection and processing before consenting.
In addition to consent-based processing, Section 7 of the DPDPA allows for “legitimate use” under certain circumstances. This includes situations where users voluntarily provide data and do not withdraw their consent, as well as scenarios involving legal obligations, national security concerns, public health emergencies, medical treatment during crises, or safeguarding employer interests.
The Scope of Data Collection by Dating Apps
Dating apps collect a broad spectrum of user data, which can be categorized into two primary types: necessary data and optional data.
Necessary Data
This category includes essential user information required for basic app functionality. Examples include:
- Basic details: Name, profile photo, username, email, and age.
- Gender and sexual orientation preferences: Used to match users based on compatibility.
- Location data: Collected through GPS, IP addresses, or Wi-Fi connections to suggest potential matches nearby.
- Technical data: Information related to in-app activity, user interactions, advertisements viewed, third-party links clicked, device details, cookies, and IP addresses.
Optional Data
Users may voluntarily provide additional details to enhance their experience on the platform. This data is not essential for accessing core app services but may contribute to personalized matchmaking or premium features. Examples include:
- Contact details: Alternate emails, phone numbers, and social media profiles.
- Financial information: Credit card details, PAN card numbers (for identity verification or subscription services).
- Biometric data: Fingerprints, voice recordings, and videos.
- Personal background details: Occupation, education, family history, financial status, interests, hobbies, political views, and medical or sexual history.
Given the intimate nature of dating applications, users often disclose significant personal information to enhance their matchmaking potential, sometimes without fully understanding how this data is used.
Data Privacy Concerns
Ambiguous Consent Mechanisms
Many international dating apps operate across multiple jurisdictions, often employing a generic privacy policy applicable to all users. A critical concern is that these policies frequently fail to secure explicit user consent before utilizing personal data for advertising or other secondary purposes. Instead, they rely on the “legitimate interest” clause to justify data processing for targeted marketing.
For instance, data collected for advertising purposes can include:
- Account information (phone numbers, emails)
- Profile details (age, gender, sexual orientation, race)
- Usage data (chat history, in-app purchases)
- Technical data (IP addresses, device types)
Under Sections 5 and 6 of the DPDPA, dating apps will now be required to obtain user consent before collecting or processing personal data. Draft Rule 3 mandates that consent notices must include:
- A clear description of the types of data collected.
- A list of services enabled through data processing.
- The specific purpose for which data is being used.
- A clear and understandable format requiring affirmative action from the user to indicate acceptance.
Failure to adhere to these consent norms will prohibit dating apps from using personal data for purposes beyond those explicitly outlined in their privacy policies.
Unauthorized Data Usage
Many dating platforms operate on a freemium model, offering basic services for free while charging for premium features. To sustain revenue, they rely heavily on targeted advertising, requiring extensive data collection and categorization. However, users are rarely informed about the precise manner in which their data is utilized for advertising.
Internationally, regulatory bodies have begun to scrutinize such practices. A notable case is the 2020 complaint filed against Grindr by the Norwegian Consumer Council. Grindr was found to have unlawfully shared user data—including GPS location, IP addresses, and advertising IDs—with third-party advertisers without obtaining valid consent. The Norwegian Data Protection Authority imposed a €6.5 million fine, deeming the obtained consent invalid due to inadequate user awareness.
Under the DPDPA, dating apps will no longer be able to rely on the “legitimate use” exception for advertising purposes. They must secure explicit consent before processing personal data for marketing, prompting a potential reassessment of their revenue models.
Algorithmic Bias and Discrimination
Dating apps utilize sophisticated algorithms to suggest potential matches, often integrating data from social media and other external sources. Historically, platforms like Tinder and Bumble employed the Elo rating system, originally designed for chess rankings, to determine user visibility. This system prioritized users who received more right swipes, reinforcing existing biases.
Such opaque ranking mechanisms raise concerns regarding potential discrimination. For instance, if an algorithm identifies that darker-skinned users receive fewer matches, it may lower their visibility, perpetuating racial biases.
Section 11 of the DPDPA grants users the right to access their personal data, understand its sources and processing purposes, and determine whether it has been shared with third parties. Dating apps will need to adopt more transparent practices and provide interfaces for users to exercise these rights.
Data Breaches and Cybersecurity Risks
A 2024 report by Mozilla highlighted that half of the dating apps reviewed had experienced data breaches in the past three years. One alarming instance involved location data from Grindr being sold to data brokers and subsequently acquired by a US-based religious group to monitor clergy members.
Currently, Indian law does not impose specific reporting requirements for personal data breaches. Such incidents fall under the jurisdiction of the Indian Computer Emergency Response Team (CERT-In) under Section 70B (6) of the IT Act, requiring cyber incidents to be reported within six hours.
The DPDPA introduces stringent breach notification requirements, mandating that:
- Users be notified immediately of any breach that compromises their personal data.
- The notification clearly outline the nature, extent, and timing of the breach, as well as potential consequences.
- The app provides measures to mitigate risks and safeguard affected users.
- The constituted Data Protection Board be informed within 72 hours.
Frequent breach notifications could prompt users to delete their accounts or limit their data sharing, increasing compliance burdens for dating apps. To mitigate risks, platforms must invest in robust cybersecurity measures, including encryption, anonymization, and enhanced security protocols.
The increasing popularity of dating apps in India comes with significant data privacy challenges. With the implementation of the DPDPA, dating platforms must prioritize transparency, secure user consent, and adopt rigorous security measures.
Striking a balance between user engagement and data protection will be crucial for these platforms to build trust and ensure compliance in the evolving regulatory landscape.
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