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Data Protection

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9 views

Data Protection

Uploaded by

pushpalatha nalliboina
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Data protection

Data protection safeguards sensitive data against loss, manipulation, and


misuse. The Hon’ble Supreme Court of India established the right to privacy as a
fundamental right under Article 21 of the Constitution of India as part of the
right to life and personal liberty in the case of Justice K.S. Puttaswamy v. Union
of India (2017), also called the “privacy judgement.” An aspect of the right to
privacy known as “informational privacy” has been acknowledged. The court
also observed that information about a person and the right to access that
information also require the protection of privacy. There are several proposed
bills for data protection and the contributions of the Bureau of Indian Standards
on data privacy. The Information Technology Act, 2000 (IT Act) and Indian
Contract Act, 1872 are currently the data protection legislation in India because
there isn’t any special legislation for this matter yet.

Need for data protection laws


The legislation on data protection explains what must be done to make sure that
private data is treated ethically and appropriately.

1. Data protection laws control the gathering, use, transfer, and


disclosure of personal information and the security of that information.
2. It gives people access to their data, establishes accountability
standards for businesses that process it, and includes redressals for
improper or harmful processing.
3. Data protection laws also provide remedies for false profiles and fraud
that can also be made using stolen information.
4. When information falls into the wrong hands, it can jeopardise people’s
safety in various ways, including their economic security, physical
safety, and personal integrity, so to protect the users from that
exploitation, data protection laws are significant.

Need for data protection laws in


India
Despite India being a member to several international organisations that focus
on data protection mechanisms like the United Nations Commission on
International Trade and the provisions in Directive Principles of State Policies.
Article 38 is related to the overall welfare of citizens. Privacy and data
protection are essentially related to a welfare state. It also states in Article 51
that in order to create international peace and security, the State should worto
promote adherence to treaty obligations and international law.
When can the government
interfere with data
The users’ data must be maintained privately and in strict secrecy by any
governmental or private institution, organisation, or agency. The government
can, however, intercept, monitor, and decrypt information generated,
transmitted, received, or stored in any computer resource under the exceptions
mentioned in Section 69 of the Information Technology Act, 2000.

Section 69

Section 69A

Section 69B

#Data protection bills 2018,2019,2021,2022.


#Cases-1. state of Tamilnadu versus Suhas Katti (2004)
2. Amar Singh versus unit of India (2011)
3. Shriya single versus you're not India (2015)
4. Justice case putt Swami retired versus you're not India ( 2017)
Praveen arimbrathodiyil versus u.s India (2021)

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