Publications

Why Data Privacy/Protection?

Website of a multinational internet corporation was reportedly hacked and 453,000 login credentials were stolen.

Indian laws relating to ‘data privacy’ and ‘data protection’ are at a nascent stage and are still evolving. The Information Technology Act, 2000 (IT Act) is one of the primary Indian legislations that deals with dataprivacy and protection’. The IT Act, as it was originally framed did not address these concerns and thus, was amended through the Information Technology (Amendment) Act, 2008, to include some concepts ofdata privacy and protection. These were introduced primarily through Sections 43-A and 72-A of the IT Act.

‘Right to Privacy’ as a Fundamental Right – Judicial developments

The Constitution of India recognises the right to privacy, that is the right to be left alone, under Article 21 of the Constitution of India which is protection of life and personal liberty. The right of privacy is only available against the State. This right is subject to reasonable restrictions under Article 19 of the Constitution of India. The case laws on right to privacy date from as far back as six decades ago.

Data Privacy - Present and the Upcoming Laws

At present, there is no comprehensive legislation in India that deals exclusively with data protection. There are certain sector specific requirements dealing with cross border transfer of data but are not uniform, e.g. telecom sector has a different requirement compared to health care sector. Further, the Reserve Bank of India has directed all payment system operators to ensure that data related to payment systems operated by them are stored only within India.