Current Indian Legal Position on Data Protection & Privacy with respect to Websites & Mobile Applications
Unlike the European Union, India does not have specific legislation governing data privacy. Even when the Information Technology (IT) Act, 2000 was enacted, it lacked provisions concerning data privacy. However, the 2008 amendment to the Information Technology (IT) Act inserted Section 43A, which deals with the liability of body corporates having failed to protect sensitive personal data collected from individuals. The compensation prescribed under the provision could extend up to five crore rupees. The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 under Section 43A of the Information Technology Act, includes a list of items under the expression “sensitive personal data.”
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