Aug 222014
 August 22, 2014  Posted by  Laws, Non-U.S.

Supratim Chakraborty of Khaitan & Co. writes:

Right to privacy has long been read into Article 21 (right to life and personal liberty) of the Constitution of India. However, with the proliferating use of the internet and the exorbitant rise in transfer of data through multiple technologies, the concepts of ‘data privacy’ and ‘data protection’ have started demanding greater attention than ever before. Therefore, such concepts were introduced in the Information Technology Act, 2000 (Act) through Section 43-A (Compensation for failure to protect data) and Section 72-A (Punishment for disclosure of information in breach of lawful contract).

Section 43-A primarily deals with compensation for negligence in implementing and maintaining reasonable security practices and procedures in relation to sensitive personal data or information (SPDI). Section 72-A deals with personal information and provides punishment for disclosure of information in breach of lawful contract or without the information provider’s consent.

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