US mandates public social media for visa applicants, sparks privacy concerns
This diktat, effective immediately, has been met with outrage from data privacy experts and legal professionals in India, who argue it constitutes a severe violation of individual privacy and could infringe upon fundamental rights.
All international students applying for non-immigrant US visas – specifically F (academic), M (vocational), and J (exchange visitor) categories – are now required to make their social media profiles public to enable their verification before they are let into the country.
This diktat, effective immediately, has been met with outrage from data privacy experts and legal professionals in India, who argue it constitutes a severe violation of individual privacy and could infringe upon fundamental rights.
The directive, announced by the US Embassy in India on Monday, stipulates that all applicants for these visa categories must adjust their privacy settings on all personal social media accounts to "public." This move, according to the embassy, is intended to "facilitate vetting necessary to establish their identity and admissibility to the United States under US law" and "bolster national security."
US officials will scrutinize online activity across platforms like Facebook, X (formerly Twitter), LinkedIn, and TikTok, looking for any "hostile attitudes toward our citizens, culture, government, institutions, or founding principles," or links to "extremist ideology" or "anti-American sentiment."
However, legal experts are quick to highlight the perilous implications of such a broad and intrusive measure. Senior advocate at the Supreme Court N.S. Nappinai noted that while US privacy laws, with the exception of California, may be weak, their fundamental rights, particularly concerning freedom of speech and expression, are absolute. "Any act which could result in restraint of speech and expression could be contested in the US on grounds of violation of this inalienable right," Nappinai stated, adding that "it remains to be seen however whether the requirement is likely to be contested."
From an Indian perspective, Nappinai suggested that government intervention might be mandated, as the move directly impacts Indian students. The issue, she emphasized, is not simply about privacy but also about national security, suggesting that the only recourse would be to invoke the US's strong rights of free speech and argue how the requirement could lead to a chilling effect on it.
Salman Waris, managing partner, TechLegis Advocates and Solicitors, echoed these concerns. "The US embassy’s new rule requiring visa applicants to make their social media profiles public does raise privacy concerns under Indian and global privacy standards, since it forces disclosure of personal data beyond what’s typical for such applications."
Waris highlighted that this policy "could conflict with privacy rights under India’s Digital Personal Data Protection Act and the EU’s GDPR, both of which stress data minimization and user consent." He called the new notification "forced consent" for sharing social media profiles and content.
For students, he warned, it means they will need to review and possibly clean up their online presence, knowing that even old posts or memes could jeopardise their chance of getting the US visa.
Aditi Verma Thakur, a senior partner at law firm Ediplis Counsels, said that while the US Department of State's requirement for social media handles has been in place for a few years, citing national security, the new mandate for public profiles raises questions about "free and informed consent under data privacy norms." She emphasized that while accessing public profiles may not be a direct breach of data privacy laws, there are "ethical concerns about how and why these profiles were made public in the first place."
Thakur suggested that applicants who are normally cautious about sharing personal information might feel "pressured to make their profiles public in order to not jeopardize their visa application," which she sees as a form of indirect coercion and an intrusion into individual privacy. She also highlighted that under India’s new Digital Personal Data Protection (DPDP) Act, 2023, the processing of personal data requires 'explicit consent,' a requirement that becomes diluted when users are forced to make their data public, even if "the underlying privacy concerns in such cases remain relevant and merit attention."
Thakur noted that foreign students "sensitive about sharing personal information online may not be comfortable making their profiles public," and this new requirement is "likely to make them more cautious about what they share and how much information they disclose on such platforms."
This latest development comes amidst a broader tightening of US visa policies under the president Donald Trump's administration, which has consistently emphasized a "quality workers" approach to immigration. Mint previously reported that the past six months have already seen student visa success rates for the US plummet from a historical 99% to around 70%. This decline is attributed to increased scrutiny and higher rejection numbers.
While the US remains a popular destination, particularly for Indian students pursuing science and technology courses, experts anticipate a shift in student sentiment. Mint earlier reported that while in-demand tech skills might still find acceptance, "lower order skills like coding, maintenance, etc., could be limited." Business management programs, too, are expected to see a "gradual plateau," with only Ivy League institutions likely to maintain strong demand.
The H-1B visa, often a post-study pathway for F1 visa holders, is also under the Trump administration's microscope. Any stricter H-1B policies or changes to post-study work permits would significantly impact Indian students' decisions to pursue education in the US.
Mint previously reported that parents and students are already casting a "wider net" for study-abroad options. The number of students choosing the US has "declined by half" over the past five years, with growing interest in European and some Southeast Asian universities. Concerns over rising political activism on American campuses are also contributing to this shift.
Adding to the uncertainty, Canada and Australia, traditionally alternative popular destinations, have also implemented their own clampdowns on international students. This could further push Indian students towards Europe, potentially making "America's loss Europe's gain."
Despite the growing anxieties and the new social media requirement, some consultants remain cautiously optimistic, predicting only a "short-term blip" in US visa applications. They even foresee a surge in M1 vocational visas due to a demand for teachers in the US.
However, the immediate impact of the public social media profile mandate is undeniable. As Indian students weigh their options, balancing academic aspirations with concerns over privacy and the evolving visa landscape, the new US policy stands as a stark reminder of the increasing complexities in international education.
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