Protection of Data Under Information Technology Law in India

12 Pages Posted: 29 Apr 2015 Last revised: 15 May 2015

See all articles by Yogesh Kolekar

Yogesh Kolekar

Ismailsaheb Mulla Law College, Satara

Date Written: April 27, 2015

Abstract

The concept of privacy differs from society to society. The concept of privacy in modern times is not restricted to mere physical movement or domiciliary surveillance, but also encompasses protection of a wide range of information, whether it’s medical, financial, biometric or personal etc. India does not have specific legislation to deal with issues of privacy, however the Information Technology Act 2000 provides protection in the form of damages in case of failure to protect data and criminal liability in case wrongful disclosure of information in breach of a lawful contract. Protection of data is an important concern as it protects ones right to privacy, further stolen data can be a matter for concern as it can be misused for personal gain and to cause loss to another person. Section 43A of the Information Technology Act, 2000 imposes civil liability on body corporate dealing with sensitive personal data, to provide for damages in case of failure to protect data. Section 72 and Section 72A of the information Technology Act 2000 imposes criminal liability for breach of privacy or lawful contract. Section 72 of the Act imposes liability for breach of confidentiality and privacy and section 72A for disclosure of information in breach of lawful contract. The power to intercept, monitor and decrypt information through computer resource is vested with the Government. The section 69 of the Act is a general exception to rule of privacy and confidentially. The Government or any officers authorized by the Government if necessary can direct any agency of the Government or intermediary to block access of any information, generated and stored or hosted (websites) in any computer resource.

Keywords: Data protection in India, liability on failure to protect data, offenses and punishment

Suggested Citation

Kolekar, Yogesh, Protection of Data Under Information Technology Law in India (April 27, 2015). Available at SSRN: https://ssrn.com/abstract=2599493 or http://dx.doi.org/10.2139/ssrn.2599493

Yogesh Kolekar (Contact Author)

Ismailsaheb Mulla Law College, Satara ( email )

Satara
415001
India

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