Author Archives: 98410spice

DAV Vs Indian Bank: Supreme Court considers Negligence of Bank and orders compensation

There have been so far many awards from Adjudicators in different states  in which Bankers have been held liable for frauds such as “Phishing”. Starting with the S Umshankar Vs ICICI Bank award in 2010, adjudicators in Mumbai, Gujarat, Telengana … Continue reading

Posted in Cyber Law | Leave a comment

Unjustified criticism of PDPA 2019

Looking at some of the criticisms that have come on PDPA2019, one cannot but feel that the experts in India appear to be easily swayed towards taking a negative view point on whatever the Government does. While the politicians have … Continue reading

Posted in Cyber Law | Leave a comment

Towards Becoming a Well rounded DPO

Yesterday, mr Ravi Shankar Prasad, the honourable minister of MeitY presented the “Personal Data Protection Act 2019” (PDPA2019) which is the revised version of PDPA 2018 suggested by the Justice Srikrishna Committee which was presently under discussion. The new version … Continue reading

Posted in Cyber Law | Leave a comment

No Protection for Intermediaries under Section 79 prior to 2009

The Supreme court of India made a fine distinction between Section 79 of ITA 2000 as it existed  before the amendment on 27th October 2009 and earlier. In an appeal from Google contending that it cannot be made liable for … Continue reading

Posted in Cyber Law | Leave a comment

How the structure of PDPA 2019 has changed

The PDPA contained 112 sections divided into 15 chapters. The new version PDPA 2019 contains 98 sections and is structured as follows: Chapter Sections Title I 1-3 Preliminary II 4-11 Obligations of Data Fiduciary III 12-15 Grounds for processing personal … Continue reading

Posted in Cyber Law | Leave a comment

PDPA 2019 is shorter and Data Localization is relaxed

The first thing we notice is that the PDPA 2019 (draft) contains 98 sections instead of 112 sections in the earlier Bill and also omits one schedule regarding the amendment to RTI. The change regarding the data localization could be … Continue reading

Posted in Cyber Law | Leave a comment