Derogation by Omission; Disclosure by Default? A Brief Exploration of the Law on Biometric Information Disclosure in India

15 Pages Posted: 31 Dec 2013  

Sandeep Verma

Government of Rajasthan - Department of Home

Date Written: September 24, 2013

Abstract

This short paper primarily analyses disclosure protocols for biometric information under India’s Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules (the IT Rules) issued in 2011; comparing them with important protections available under the principal Act (the Information Technology Act, 2000), as well as provisions of other laws such as the Imprisonment of Prisoner’s Act, 1920 and the Code of Criminal Procedure, 1973. The paper also briefly examines important constitutional protections that may be available to affected persons against disclosure of their biometric information without their informed consent, either to the Government or to third parties. While attempting this objective, the paper also discusses potential derogations under the IT Rules on such non-consensual disclosure, as compared to the broad constitutional and legal position in India.

Keywords: India, Information Technology, Data Protection, Data Privacy, Biometric, Personal Information

Suggested Citation

Verma, Sandeep, Derogation by Omission; Disclosure by Default? A Brief Exploration of the Law on Biometric Information Disclosure in India (September 24, 2013). Available at SSRN: https://ssrn.com/abstract=2373384 or http://dx.doi.org/10.2139/ssrn.2373384

Sandeep Verma (Contact Author)

Government of Rajasthan - Department of Home ( email )

Room 2217
Main Secretariat
Jaipur, Rajasthan 302005
India
+91-141-2227464 (Phone)

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