Data Privacy Law

Is our data safe?  Data privacy is basically the personal identifiable information of a person ranging from name, DOB, email address and ID numbers and so on depending on the regulation, the companies need to ensure not mere in words but practically to its user that his data is as secure as he does not have given his information to the unknown institution and retains with himself and faith and fiduciary relation he has with the specific regulating company.

Data protection in India

Data privacy has become a very sensitive and preference issue in India, Expeditiously transforming itself to the cutting edge of technology to every sector, India is pushing towards the developed economy from developing. As there is no Act till date ensuring the data protection of an individual but a step was taken in 2019 by Ravi Shankar Prasad, Union Minister of Electronics and Information Technology that the Data Protection Bill is finalized and will be present soon in Parliament for approval to become as a particular Act, Information Technology Act of 2000 is having provision of cyber and related IT laws and does not have scope neither it fulfils the requirement of strict data protection law.

There was a amendment in year 2000 in IT Law which inserted section 72A and 43A which provides compensation for disclosure of improper personal information. Also the rules were inserted in section 43A in 2011, an additional requirement on commercial and business organization in India regarding the disclosure and collection of personal data having similarities with General Data Protection Regulation which protect the personal data of EU citizen having transaction among member state and Data Protection Directive but there is no such instance which can be projected as a great example of implementation of such rules of 2011.

In the land-marking Judgement, Justice K.S Puttaswami& others v. Union of India, the Supreme Court held that data protection is an intrinsic part of Article 21 and a fundamental right though the right is not absolute and blow to Aadhaar that it has a use for welfare payments or filing of IT returns and court held that no individual should suffer for not getting Aadhaar 12 digit no. based on minimal demographic and biometric information. The Supreme Court has recognized the right of individual on his personal data for the first time and  said that a individual has every right to possess his identity as commercial purpose so can he be aware of his data being not exploited. It was a vital milestone case which encourages government to look after the data protection issues and a committee to draft a statute.

The proposed bill should be thorough, detailed and with regards to individual data sharing must be on his consent that he wants his data to be shared explicitly, otherwise not. It also extends its hand towards the data concern of privacy and protection in India. The appropriate mechanism shall counter the prevailing problems related to data security till date in India. It is the core asset for India to be gained, but a bridge to carry effective business and data protection to be maintained and shall go parallel with each other, the fines for data breaches to be exclusive and to be punished severely and since the courts are already overburdened with cases loads, so separate courts to be set up for speedy justice dealing with IT issues.

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