Data Protection Laws in India
By Team Legistify / 2016-09-28
India needs to have a legal framework that meets the expectations, both legal and of a public nature, as prevalent in the jurisdictions from which data is being shipped to India. In practical terms, the biggest hurdle is for India to have its framework of domestic data protection laws officially adjudged and publicly perceived as adequate.

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More than 60 countries around the world have enacted laws that protect the privacy and integrity of personal data. These laws focus on issues relating to the minimum standards for the collecting, processing & securing of data and the use of the data provided by internet users. It limits the use of the personal data only for the purpose for which the data was given. Visitors to any website want their privacy rights to be respected when they engage in e-Commerce. It is a part of the confidence-creating role that successful e-Commerce businesses have to convey to the consumers.

India presently does not have any law governing data protection or privacy. The Information Technology Act 2000 (IT Act 2000) incorporated a few provisions relating to data protection in Data Privacy Rules which deals with, protection of sensitive personal data: security practices and procedures that must be followed by organizations dealing with sensitive personal data due diligence to be observed by intermediaries, guidelines for cybercafes.

Delicate Data's

Sensitive Data is defined as personal information that relates to:
• Passwords
• Financial information such as Bank account or credit card or debit card or other payment instrument details
• Physical, psychological and mental health condition
• Sexual orientation
• Medical records and history
• Biometric information

Sensitive Data is broadly defined to include data obtained by any method, including the lawful contract. The problem that arises in e-Commerce is that the Internet is global. Generally, the regulations of the Indian Government will have a very little impact unless they are part of a larger international setting. The protection of personal data has never been a purely national problem; it was always a global issue.

India needs to have a legal framework that meets the expectations, both legal and of a public nature, as prevalent in the jurisdictions from which data is being shipped to India. In practical terms, the biggest hurdle is for India to have its framework of domestic data protection laws officially adjudged and publicly perceived as adequate.

Have a Legal Issue?

Get connected to the Best Lawyers and Chartered Accountants Near You!


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