Data Privacy In India

In today’s world as everything is going to connected through internet every time when data is provided to a service provider or a firm then there is great danger of misuse of that data. Changing generations involves changing trends which leads to changing ideas and technology. Gone are the days where people were not used to the virtual platforms. In the present information age with various upcoming projects and initiatives such as Digital India, Biometrical identification, more than 100 smart cities, online banking etc., invokes with itself an urgent need for having well framed legal procedures and regulations. We are living in the age of computer technology. With the advancement of computer related technology, the cybercrimes are the order of the day.  Providing Constitutional safeguard and protection to personal data for security reasons is one of the biggest challenges, which requires outmost attention. Such regulation will promote the very principle of Right to Privacy of individual.

Data protection refers to policies and procedures seeking to minimise intrusion into the privacy of a private caused by collection and usage of their personal data. With the advancement in IT and BPO sectors, Indian companies handle and have access to almost all kind of sensitive details of individuals across the world. It includes Credit card details, financial information and even medical history. These data are stored in electronic medium and is vulnerable in the hands of their employees. There have been many instances where these data are stolen. These recent trends in the Indian IT sector has raised concerns about data privacy. Dealing with the law, there is no express legislation dealing with in India dealing with the data protection. Although a bill was introduced in the parliament in 2006, it is yet to see the light of the day. 

Considering that the digital population in India has grown substantially, data privacy and data protection are key issues at the moment. Every internet user leaves his/her digital footprints in the form of personal data when browsing the internet. This may range from, knowingly or unwittingly, providing their IP address, name, mobile number to personal and sensitive information like their sexual orientation, medical records, etc. This leaves the internet users vulnerable to crimes like identity theft, breach of privacy and financial crimes. The pervasive question today is crafting a privacy policy that balances the privacy of the internet user with the burgeoning requirements of the businesses. Terms of use and privacy policy should be treated as an art form, rather than long form, i.e., craft the document carefully customizing it to the needs of the business and the general principles of law.

In India, to cover cyber crimes we do have Indian Information Technology Act, commonly referred as IT act, to cover IT related laws in India and delineates the scope of access that a party may have to on data stored on a computer, computer system or computer network, the provisions of the IT Act do not address the need for a stringent data protection law being in place.

Data Protection is required at every stage whether it is about collection or use or disclosure. The privacy of an individual should not be infringed. There should be special provisions in this regard special in democratic countries as of our. Because it is not a simple right, but it is related to the fundamental rights, it is related to right to life.

If we compare the present stage of data processing laws in India with other countries, then we find that these countries are far ahead of India in this respect. Those countries have particular and comprehensive laws relating to data protection and privacy. There is one another thing which is to be noted that different type of data should be divided into different categories as per the utility and importance of data. So, we are required to frame a scheme that should be based on the categorical division of data. If we go for the enactment of a comprehensive data protection laws then it would reduce the instances of data theft and more and more foreign companies and firms would be interested in growing their business in India; it would work like a boom to the sector of Information Technology in India.

Aishwarya Says:

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