Cybersecurity Law: Protecting Digital Information and Privacy

"Data Protection" leads to the creation of a systematic regulatory structure created by governments and regulatory bodies with the aim of protecting the privacy of individuals and companies and ensuring that erroneous data manipulation through unauthorised and unconsented storage and distribution is not done. 

Cyber security laws have been mentioned and referred to in multiple data protection laws in India. Indians are also accorded privacy as a way of light through the fundamental rights of citizens specified in the Indian Constitution undress Articles 19 and 21. However, laws pertaining to Cyber Security and Data Protection, similar to our fundamental rights, have some reasonable limitations. 

Both the Information Technology Act of 2000 and the Indian Contract Act of 1872 have mentioned the need for data privacy bit none of them provide clear statutory endorsement for standards to be created to ensure cyber security and data protection. Additionally, Personal Data Protection Rules applicable to maintaining the privacy of businesses is also included in the purview of cyber security and data protection legislation in India.   

Laws for controlling data privacy in India:

As previously stated, there is no specific regulation in India addressing data privacy and protection. The legal problems of punitive punishments and compensatory remedies, however have been comprehensively addressed in both the above-mentioned laws.

Understanding the lacunae has made the Indian Government take steps to create and implement a Bill on Personal Data Protection (PDP). This aims to specifically address all data protection and privacy regulations. Some of the recommendations this Bill suggests include:

1.      The definition of PDP must be broadened to include private, personal, and non-personal data.

2.      The PDP implementation framework would be phased in.

3.      Hardware manufacturers involved in collecting, absorbing, and storing client data will have to strictly adhere to the set rules and standards.

4.      Social media and key players would be considered "significant data fiduciaries" and would be required to follow the norms and regulations of India's data protection and privacy legislation.

Wilful or unintentional publication of information belonging to a person has been constituted a criminal infraction with a fine up to Rs. 5,00,000/- and a punishment up to three years, or both, under Section 72A of the IT Act, 2000.

How can the Government intervene on Data?

According to Section 69 of the Information Technology Act, any authorised individual by the government or an officer of the government may direct any authority or agency to intercept, monitor, and enable surveillance of data or an individual's privacy if the act is done for the purpose of maintaining peaceful relations with other countries, securing public order and national interest, preventing the commission of cognizable offenses, or for many other reasons.

However, according to the aforementioned provision, it has been made essential to document the reasons for doing so in writing. Furthermore, the government has prohibited a number of websites that contain illegal material or may be detrimental to national interests under Section 69A of the IT Act.

As a result, the government has become a watchdog for both personal data privacy and citizen rights, as well as imposing legitimate limits for the sake of national security.

A penalty for breach of confidentiality is provided in Section 72 of the act, and the section further states that any individual who, in accordance with any of the powers presented under the IT Act Rules or Guidelines made thereunder, has restricted access to any electronic record, book, register, correspondence, data, report, or other material without the consent of the individual concerned, reveals such material to some other individual will be culpable.

The Information Technology Amendment Act of 2008 – A Step in the Right Direction:

The modification to the IT Act in 2008 revolutionised the notion of contract law in India by granting legitimacy to contracts entered into using electronic channels, popularly known as E - contracts.

Furthermore, it has revised other parts, including section 43A, which provides a compensation remedy for failing to secure data, section 66, which discusses computer-related crimes, and many others, including sections 66B, 66C, 66D, and so on. According to section 66, any anyone who dishonestly or fraudulently does any act designated a crime under the Act or section 43 faces imprisonment for up to three years, a fine of up to Rs. one million, or both.

Various precautions have been made to guarantee that data collected by social media sources and hardware devices is not misused and is done in compliance with cyber security legislation in India to avoid the pilferage of sensitive information from individuals in the hands of malware and viruses.

Summarising:

The data protection and privacy regulations in India have seen a significant movement in the paradigm toward the construction of a secure technology arena in which people' data and privacy are neither jeopardized or violated.

The IT Act, as well as the Personal Data Protection Rules, have worked tirelessly to create a secure social, electronic, and technological environment in which individuals' privacy and data are not exploited by hardware manufacturers, applications, social media platforms, and other technologies such as spyware.

The imposition of monetary compensations, penalties, and even jail has also functioned as a disincentive for many corporations that may engage in data theft, adding to the protection of individuals' private domain.

Moris Media, the leading digital marketing agency in India, deals with private client-information in the nature of its services. Therefore, we are committed to maintain all data protection and privacy regulations as per specified laws to ensure that client confidentiality is maintained and any information shared with us is never utilised for any personal benefits.