Derogation by Omission; Disclosure by Default? A Brief Exploration of the Law on Biometric Information Disclosure in India
15 Pages Posted: 31 Dec 2013
Date Written: September 24, 2013
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
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