Cyber Law : Provisions in Information Technology Act, 2000 associated with data protection and security

After its amendments in 2008, the IT Act, 2000 now consists of multiple provisions handling data protection, mandatory privacy policies, and penalties to be imposed on violations of such privacy policies.

Some relevant provisions of the IT Act are as follows:

1. Section 43 (a), (b) and (j): This Section provides that, a person, who without the permission of the owner or, the other one that is responsible of a computer, computing system or computer network:

(a) accesses or secures access to such computer, computing system or computer network;

(b) downloads, copies, or extracts any data, computer data base or information from such computer, computing system or network which incorporates information or data held or stored in any removal storage medium;

(j) steals, conceals, destroys or alters or causes a person to steal, conceal, destroy or alter any computer ASCII text file used for a computer resource with an intention to cause damage shall be susceptible to pay damages by way of compensation to the person so affected.

2. Section 43A: This Section deals with ‘Compensation for failure to guard data’, it provides that, “Where a body corporate possessing, dealing or handling any sensitive personal data or information during a computer resource which it owns, controls or operates, is negligent in implementing and maintaining reasonable security practices and procedures and thereby causes wrongful loss or wrongful gain to a person , such body corporate shall be susceptible to pay damages by way of compensation to the person so affected.”

3. Section 66 C: This Section deals with ‘identity theft’ and provides that, “Whoever, fraudulently or dishonestly makes use of the electronic signature, password or the other unique identification feature of the other person, shall be punished with imprisonment for a term which can extend up to 3 years and shall even be susceptible to pay a fine which can extend up to Rupees One Lakh rupees.”

4. Section 66 E: This Section deals with ‘Punishment for violation of privacy’ and provides that, “Whoever, intentionally or knowingly captures, publishes or transmits the image of a personal area of a person without his or her consent, under circumstances violating the privacy of that person shall be punished with imprisonment which can extend up to 3 years or with fine not exceeding Two Lakh rupees or with both.”

5. Section 72: This Section deals with ‘Penalty for breach ofconfidentiality and privacy’ and provides that, “Any one that has secured access to any electronic record, book, register, correspondence, information, document or other material without the consent of the person concerned and thereafter, discloses such electronic record, book, register, correspondence, information, document or other material to the other person shall be punished with imprisonment for a term which can reach two years, or with fine which can reach One Lakh rupees, or with both.”

6. Section 72A: This Section deals with ‘Punishment for disclosure of data in breach of lawful contract’ and provides that, “Any person, including an intermediary who, while providing services under the terms of a lawful contract, has secured access to any material containing personal information about another person, with the intent to cause or knowing that he’s likely to cause wrongful loss or wrongful gain discloses, without the consent of the person concerned, or in breach of a lawful contract, such material to the other person shall be punished with imprisonment for a term which can extend up to 3 years, or with a fine which can extend up to 5 Lakh rupees, or with both.”

The IT Rules provides directions for body corporate holding sensitive personal information of users to take care of certain specified security standards.

The relevant provisions are as follows:

7. Rule 4 (Body corporate to supply policy for privacy and disclosure of information), Rule 5 (Collection of information), Rule 6 (Disclosure of information) and Rule 8 (Reasonable Security practices and procedure): already discussed within the previous topic. Right to Information Act, 2005

The RTI Act was delivered to enable citizens to access information under the control of public authorities so on promote transparency and accountability within the working of each public authority. Under Section 3, all citizens have right to information. Under Section 4, every public authority has got to maintain all the records. Under Section 6, an individual who desires to get any information can make an invitation in writing or in electronic form, to:

i. The Central Public Information Officer or State Public Information Office;

ii. The Central Assistant Public Information Officer or State Assistant Public Information Officer. Nevertheless, this Act also provides for exceptions to disclosure of information.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

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