Landmark cyber law - IT Act, 2000 case law - judgement from India -Maharashtra

-
If a employer gets his employees or ex employees bank statement without his knowledge it amounts to DATA THEFT . This cannot be produced even in a Court of LawThis is a landmark judgement(order) delivered by Maharashtra Adjudicator in Our clients favour this will prevent misuse of an individual’s bank statement in India. The judgement has ruled that this amounts to Data Theft of Sensitive Personal Information under Section 43(b) Read with Section 66 of the Information Technology (IT) Act, 2000(INDIA). I had represented and argued this matter for my client Amit Patwardhan-CEO of Heko Chains in India (a German Company)
Case Details :Amit Patwardhan Vs Rud Indiia & Vipin Rao - 1 of 2013Case Details :Amit Patwardhan Vs Rud Indiia & Vipin Rao - 1 of 2013Case Details :Amit Patwardhan Vs Rud Indiia & Vipin Rao - 1 of 2013This judgement could be downloaded at following link of Maharashtra Government Website - DIThttp://it.maharashtra.gov.in/SITE/Upload/ACT/AmitPatwardhanVsRudIndiaVipinRao%2015Apr%202013%20Rajesh%20Aggarwal.pdf

Comments

Post a Comment

Popular posts from this blog

Consumer Dispute resolution under the Telecom Act 2023

-
Image
The Telecommunications Act of 2023 has strengthened the dispute resolution framework by introducing an online grievance redressal system. The aim is to expedite the resolution of conflicts between telecommunications companies and consumers while ensuring transparency in the redressal process. Following an inquiry, a telecom company found violating license or service terms may incur severe penalties, spectrum holdings cancellation, service restrictions, or even be prohibited from providing telecom services, depending on the seriousness of the breach.  How does the online grievance redressal system operate, and who plays key roles?   An Adjudicating Officer (AO), appointed by the Centre and not below the rank of joint secretary, will conduct inquiries to resolve disputes between telecom service providers and consumers. Additionally, a separate Designated Appeals Committee (DAC) will be formed, consisting of officers at the rank of additional secretaries. Individuals dissatisfie...
Read more

Types of Cyber Attacks

-
Image
Types of Cyber Attacks There are several effective methods for disrupting computer systems. We are talking of a method known as cyber attack, or computer network attack , which uses malicious computer code to disrupt computer processing, or steal data.  A brief description of three different methods are shown here. However, as technology changes, future distinctions between these methods may begin to blur. An attack against computers may be targeted or un-targeted (i) disrupt equipment and hardware reliability, (ii) change processing logic, or (iii) steal or corrupt data. The methods discussed here are chosen based on the technology asset against which each attack mode is directed, and the effects each method can produce. The assets affected or effects produced can sometimes overlap for different attack methods.  Conventional kinetic weapons can be directed against computer equipment, a computer facility, or transmission lines to create a physical attack that ...
Read more

What to do when police does not take your FIR?

-
Image
What to do when FIR is not taken by the Police ? A First Information Report is the first legal document that initiates criminal proceedings. The first information received about the commission of a cognizable offense has to be noted down by a Police Officer. It is called as  First Information Report under Section 154 of CRPC. Cognizable and Non-Cognizable Offences: Cognizable offences  are offences where the police can arrest the accused without any warrant. In such offences, the police can Suo-moto take cognizance of the offence and it does not require any sanction from the court in order to begin the investigation. On the other hand,  Non-Cognizable  offences are those in which police cannot make an arrest without taking prior assent from the court. Schedule I of the Criminal Procedure Code clearly distinguishes which offenses are cognizable and which are not. According to section 154(1) of the Criminal Procedural Code,  an FIR can be filed only in cognizable ...
Read more