Acts Governing Data Protection Law in India

Data protection law in India is basically a set of privacy procedures, policies and laws aiming at minimizing intrusion into the privacy of an individual or an organization caused due to the collection, dissemination and storage of personal information. This type of information is generally data related to an individual identifiable through this information whether collected by any private firm or by Government or by an agency. The Indian Constitution does not grant the right to privacy patently. Nevertheless, the courts generally go through the right to privacy in other existing rights like freedom of expression and speech; right to personal liberty and the right to life.

Data Protection Law Alternatives in India

At present, there is no express law governing privacy or data protection in India. Nevertheless, the most relevant laws in the country that deal with issues pertaining to data protection include Contract Act of 1872 and Information Technology Act of 2000. It is being envisaged that a codified legislation in the field of data protection in India will soon be introduced in the country. Here, we will be having clear details of what are the issues covered in the Information Technology Act and the Contract Ac.

Information Technology Act

The Information Technology Act generally deals with issues regarding compensation payment and punishment for misuse or wrongful disclosure of personal information. It also deals with cases of violation of agreement terms in regards to personal data. According to this act, if a corporate body possessing, handling or dealing with sensitive personal information is negligent in the maintenance and the implementation of security practices which thereby lead to wrongful gain or wrongful loss to any individual, then this corporate body shall be held liable for paying the damages made to the affected individual. Here, it must be noted that there are no upper limits specified for payment of compensation that the affected party has full rights to claim.

The rules dealing with the protection of sensitive personal information or data of an individual have recently been introduced by the government. The rules generally include the following categories under the personal information section:

• Sexual orientation
• Passwords
• Physiological, mental and physical health conditions
• Financial data like credit or debit card, bank account and other forms of payment instruments
• Biometric information
• Medical history and records

The Evidence act in India deals with issues pertaining to the disclosure of certain evidences and proofs that might be essential in dealing with cases in the court of law.

Author is representing this article on the behalf of a leading online law course provider institute - Law Skills.