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Showing posts with the label data privacy law

What do we mean by a “right of privacy” in India?

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What do we mean by a “right of privacy” in India? Justice Cooley in 1888 defined it simply as a right to be left alone. Alternatively, it may be defined as a right to be anonymous. The two definitions are quite different but both are important, and the right to be anonymous is a form of privacy that has particularly significant implications in cyberspace. In legal terms, our right of privacy amounts to a right to be free from government intrusion into certain areas of our lives and a right to be free from intrusion by other individuals into our “private” lives. The former is protected largely through Constitutional interpretation and a number of statutes; the latter is protected largely through the common law under tort principles. Before 1890 no English or American court had ever granted relief based on such a claim as “invasion of privacy.”  However, in 1890 a Harvard Law Review article by Samuel Warren and Louis Brandeis examined a number of cases ostensibly decided on other gr

Why does India need Data Privacy or Protection Law ?

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Why does India need a Data Protection Law? Apart from appeasing European Union for sharing data with Indian companies, One of the reason is presently all Data of ours -Search, Emails, Chats of Google, FB, Hotmail, Whatsapp are stored in Californian Servers, USA Jurisdiction. US Foriegn Intelligence Survivelenace Court (FISA) with a single penstroke court gag order can take all Indian MPs, PMO, Home Minister,MEA's etc Email data and Analyse them for leverage in Intl' Affairs, Thats a severe Threat, #privacy intrusion.  Not to mention even the Locations of each Citizen,Official in India can be monitored by US NSA analysts as of now with #Whatsapp, Android Phones relaying data back to USA servers.  Hence a Data Protection Law in India is a need of the Hour. " How to turn Android Phone or Tablet into a Server " .You can check it out here -  https://joyofandroid.com/use-old-android-phone-as-server/

What is Sensitive Personal Data or Information in India ?

What is Sensitive Personal Data or Information in India ?  [ DATA PROTECTION LAWS IN INDIA ] Sensitive Personal Data or Information though not directly defined in The Section 2 of The IT Act, 2000. But the definition which has force of law is  defined under  the  section 3  of   THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OR INFORMATION) RULES, 2011 made by Central Government  In exercise of the powers conferred by clause (ob) of sub­section (2) of section 87 read with section 43A of the Information Technology Act, 2000 (21 of 2000). Section 3 reads as  3.    Sensitive personal data or information. —  Sensitive personal data or information of a person means such  personal information  which consists of   information relating to;― (i)  password;      (ii) financial information such as Bank account or credit card or debit card or other payment instrument details ;        (iii) physical, physiological and mental