What are the legalities surrounding data privacy and protection in India under Technology Media and Telecom laws?

Data Privacy and Data Protection have become increasingly important in India, following the global trend towards ensuring individual rights over personal data. Under Technology Media and Telecom (TMT) laws in India, numerous legalities govern the collection, storage, use, and disclosure of personal data. The main law governing data privacy in India is the Information Technology Act, 2000 (IT Act), and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (IT Rules).

According to the IT Act and the IT rules, any entity dealing with sensitive personal data or information has to obtain prior consent from the data subject before collecting such data. Sensitive Personal Data or Information includes passwords, financial information, physical, physiological and mental health conditions, sexual orientation, medical records, biometric information etc.

These entities must also provide a privacy policy that is easily accessible and ensure that personal data is used only for the purpose it was collected. Any other intended use requires further consent. Data can only be shared with third parties after receiving explicit consent from the data subject. Entities are further required to maintain reasonable security practices and standards to protect the data collected.

Additionally, the government has drafted the Personal Data Protection Bill (PDP Bill), which is yet to be passed by the Parliament. The PDP Bill intends to establish a comprehensive data protection framework in India. It proposes stricter consent norms, provides data subjects with certain rights such as right to access and correction, right to data portability, and right to be forgotten.

However, Technology Media and Telecom laws in India are still evolving in terms of data privacy and protection, and there are complex issues related to jurisdiction, enforcement, and cross-border data transfers that are yet to be fully addressed by the existing legal framework.

Breaching these laws can result in penalties. The IT Act prescribes compensation for failure to protect data, while the proposed PDP Bill suggests severe penalties, including hefty fines for violations.

In conclusion, data privacy and protection in India under TMT laws is a complex area that requires thorough understanding and conscientious application. Entities dealing with personal data must ensure strict compliance to avoid legal consequences. It’s highly recommended to engage seasoned lawyers such as those in SimranLaw to navigate this intricate legal landscape and remain in compliance.

One thought on “What are the legalities surrounding data privacy and protection in India under Technology Media and Telecom laws?”

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