India is
embarking on a major review of the Information Technology Act which was passed
with effect from October 17, 2000. Recent frauds of the Delhi MMS case and
Gurgaon BPO Cases have increased the demand from the media for "Stricter IT
Laws". In this scenario, Naavi.org is presenting a series of suggestions for
the consideration of the MCIT while addressing the amendments and request
comments from the public so that the Ministry will have the benefit of an
opportunity to consider the public views in this regard.
Suggestion
IV: Data Protection:
It is recommended that
a separate “Data Protection Act” may be considered with a definition of
“Privacy Rights “of Indian Citizens defining responsibilities of data
intermediaries, processors and users.
Information Technology Act
recognizes “Data Theft” as an Offence under Section 66 and as a Contravention
under Section 43. Digital Signature provides the means for data encryption and
accountability in storage and transmission. Adjudication covers the need for
quick dispensation of justice in respect of civil liabilities. Hence there is
adequate coverage of data theft from the point of view of the industry.
Hence no amendment is required
in the Information Technology Act on this account.
However, if it is considered
expedient to pass an amendment to assure the International community that
India has strengthened the laws after the recent incidents, an amendment may
be suggested to provide some clarification on data protection as an expansion
of Section 43.
Suggested that the following section may be added in
Chapter IX:
(XY)
Whoever,
collects, stores, processes or otherwise manages data of
personal nature belonging to a data subject, in any manner shall take such
steps as may be necessary to ensure that the data is collected on a strict
need basis, stored securely and accessed only on a need to know basis and in
the event such data is compromised, shall be liable to pay damages to the data
subject for a sum not exceeding RS 1 crore.
(Comments
welcome)
Naavi
July 5, 2005
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