This dictat, which was immediately effective, has encountered the outrage of personal data protection and legal experts in India who claims to represent a serious violation of individual privacy and violate fundamental rights.
The Directive, which announced on Monday, stipulates that all applicants for these visas categories must adjust their personal data protection settings on all personal social media accounts to the “public”. According to the embassy, this step is to “facilitate the review necessary to determine his identity and admissibility towards the United States under US law” and “to strengthen national security”.
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American officials will examine online activity across platforms, such as Facebook, X (formerly Twitter), LinkedIn and Tiktok, looking for any “hostile attitudes towards our citizens, culture, government, institutions or founding principles” or references to “extremist ideology” or “anti -American sentiment”.
However, legal experts rapidly emphasize the dangerous consequences of such a wide and disturbing measure. The leader of the advocate at the Supreme Court of NA NAPPINAI noted that while the law on the protection of US personal data, with the exception of California, may be weak, their fundamental rights, in particular freedom of expression and expression, are absolute. “Any act that could result in restrictions on speech and expression could be questioned in the US due to a violation of this inappropriate right,” Nappinai said, adding that “however, it remains to be seen whether the requirement is probably questioned.”
From an Indian point of view, Nappinai suggested that government intervention could be ordered because this step directly affects Indian students. The problem, as she emphasized, is not only about privacy, but also about national security, suggesting that the only solution would be to create strong US rights to freedom of expression and claim how the requirement could lead to a cooling effect on it.
Salman Waris, a control partner, Techlegis Advocates and Elicitors, repeated these concerns. “The new rule of the US Embassy, which requires visa applicants to publish their social media profiles, raises concerns about personal data protection according to Indian and global personal data protection standards because it forces personal data to disclose beyond what is typical of such applications.”
Waris stressed that this policy “could be contrary to privacy rights under the Indian Personal Data Protection Act in India and the EU GDPR, both to minimize stress data and users’ consent”. He called a new announcement with “forced consent” to share profiles and social media content.
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For students, he warned that they would have to check and possibly clean their online presence because they knew that even old posts or memes could endanger their chance to get an American visa.
Addi Verma Thakur, head of the EdiPlis Counsels law firm, said that while the Ministry of the US Department of Social Maintenance Ministry has established a new mandate for public profiles for “free and informed consent in norms”. She stressed that in accessing public profiles, she may not be a direct violation of personal data protection laws, there are “ethical concerns about how and why these profiles were first published”.
Thakur suggested that applicants who are usually careful about sharing personal data could feel “under pressure to publish their profiles not to endanger their request for a visa”, which he considers to be of indirect pressure and entering individual privacy. She also stressed that under the New Act of India for Digital Personal Data Protection (DPDP) of 2023, the processing of personal data requires “explicit consent”, a request that is diluted when users are forced to publish their data, although “basic concerns about personal data protection in these cases remain relevant and deserve attention”.
Thakur noted that foreign students “sensitive to personal data sharing may not be convenient to publish their profiles” and this new request is “probably more careful about what they share and how much information they publish on these platforms”.
This latest development comes in the middle of a wider tightening of US visa policies under President Donald Trump, who consistently emphasized the approach of “quality workers” to immigration. Mint previously said that the last six months have already been successful in the student’s visa for the US forfeited from historical 99% to approximately 70%. This decline is attributed to increased control and a higher number of rejection.
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While the US remains a popular destination, especially for Indian students who are engaged in science and technology courses, experts predict a shift in students’ sentiment. Mint previously announced that while technical skills on request can still find acceptance, “lower -order skills such as coding, maintenance, etc., could be limited.” It is expected that the company management programs will see a “gradual plateau”, with only Ivy League institutions are likely to maintain a strong demand.
The H-1B visa, often an interesting path for F1 visa holders, is also under the microscope of Trump’s administration. Any stricter H-1B policy or changes in work permits after study would significantly affect the decisions of Indian students for education in the US.
Mint said earlier that parents and students already contain a “wider network” for the possibilities of studying Foreign R&D. The number of students who chose the US has “dropped in half” over the past five years, with increasing interest in European and some Southeast Asian University. This shift also contributes to concerns about the growing political activism on American campuses.
Canada and Australia, traditionally alternative popular destinations, contribute to uncertainty and have also introduced their own derangpods to foreign students. This could further push Indian students to Europe and potentially bring “US loss of European profit”.
Despite growing anxiety and a new requirement for social media, some consultants remain carefully optimistic and predict only a “short -term fluctuations” in American visa applications. They even predict an increase in the M1 professional visa due to the demand for US teachers.
However, the immediate impact of the mandate of public social media profile is undeniable. When Indian students are considering their possibilities, they balance academic ambitions with concern for privacy and developing visa landscapes, the new American policy stands as a sharp reminder of growing complexity in international education.
(Tagstotranslate) USA
