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Privacy / Data Protection

BananaIP Counsels > Privacy / Data Protection

THE CONSENSUAL IS NO LONGER CRIMINAL

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We’re fundamentally an Intellectual Property resource. However, we believe the verdict in question here, striking down Section 377, is a historic moment in our vast legal landscape, and thus worthy of mention. Further, this verdict has implications on privacy laws, and hopefully on a societal outlook that will spur changes in a multitude of other areas of law, many of which are yet to be analyzed in this specific respect. On September 6th, 2018, the Supreme Court of India struck down parts of Section 377 of the Indian Penal Code, largely on the basis of the 2017 Supreme Court decision in...

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SALIENT FEATURES OF PERSONAL DATA PROTECTION BILL, 2018 (INDIA) – PART 5

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Full text of the proposed bill can be accessed here. Penalties and Compensation A data principal who has suffered harm due to any violation of this Bill (or its rules and regulations), by a data fiduciary or a data processor, has the right to seek compensation from the party at fault. The data processor is only liable where it has acted negligently, acted outside or contrary to the instructions of the data fiduciary, not incorporated adequate security safeguards, or violated specifically applicable provisions of the Bill. In case of breach of the following obligations, the data fiduciary may be liable for penalty up...

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SALIENT FEATURES OF PERSONAL DATA PROTECTION BILL, 2018 (INDIA) – PART 4

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Full text of the proposed bill can be accessed here. Data Localization This is one of the more stringent requirements of the Bill, and distinguishes it from data protection laws in other jurisdictions. The Bill requires certain categories of personal data, which the central government may notify as critical personal data, to be processed only through servers or data centers located within India (See Section 40). However, this obligation is not absolute, and allows for transfer of certain personal data under limited circumstances, as discussed below. Personal data, except sensitive personal data, may be transferred outside India under the following conditions: the transfer is made...

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SALIENT FEATURES OF PERSONAL DATA PROTECTION BILL, 2018 (INDIA) – PART 3

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Full text of the proposed bill can be accessed here. Transparency and accountability measures Privacy by Design The Data fiduciary is obligated to implement policies and measures to ensure that: Practices and systems are designed to anticipate, identify and avoid harm to the data principal; Data protection obligations are embedded in organizational and business practices; Technology used in the processing of personal data is in accordance with commercially accepted or certified standards; Legitimate interest of business is achieved without compromising privacy interest; Privacy is protected during entire processing of the personal data; Processing of personal data is carried out in a transparent manner;...

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SALIENT FEATURES OF PERSONAL DATA PROTECTION BILL, 2018 (INDIA) – PART 2

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Full text of the proposed bill can be accessed here. Rights of Data Principal The Bill provides the following important rights to the data principal: Right to confirmation and access: Data principal may obtain the following information from the data fiduciary: Confirmation whether the data fiduciary is processing its personal data, Summary of the personal data processed by the data fiduciary, and Summary of processing activities undertaken by the data fiduciary with respect to its personal data. The Data fiduciary is obligated to provide the information asked by the data principal in a clear and concise manner (See Section 24). Right to correction:...

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SALIENT FEATURES OF PERSONAL DATA PROTECTION BILL, 2018 (INDIA) – PART 1

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The Draft of the Personal Data Protection Bill was released on July 27, 2018 by the Justice Srikrishna Committee, along with its report on Data Protection in India. This Bill incorporates many features of the EU-GDPR modified according to Indian stand on the privacy of individuals. Although not as stringent in its requirements or as widely applicable as the GDPR, the Bill imposes largely similar obligations on the recipients of an individual’s data. The salient features of the Bill include: Categorisation of the individual as the “data principal” and the recipient of the data as the “data fiduciary”. Obligation on...

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Data Protection in India- Part II

We live in a complex web of social relationships, which are influenced by several factors that are alien to any other country. The extent to which one wishes to be left alone depends on the nature of relationships in the web, which are sometimes more divergent than one can imagine. The privacy world of an individual in her relational web is multi-dimensional, dynamic and contextual, and suffers from predictability ambiguities. The challenge of defining the nature, scope, and extent of privacy through simple semantics is therefore very challenging, if not impossible. To put it in patent language, privacy is one...

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Data protection in India-Part I

The Committee of  Experts on Data Protection Framework for India headed by Justice B.N. Srikrishna released a white paper on data protection framework for India which was made available on the website of the Ministry of Electronics and Information Technology. This paper may be accessed here.  The Committee was set up by the Central Government to study and understand various issues relating to data protection in India, make specific suggestions on principles underlying a data protection bill and to draft a bill on data protection. The White Paper provides a brief overview of various issues with respect to data protection...

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Privacy : The Linkedin Security Breach

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LinkedIn, a business oriented social networking site which was founded in the year 2002, has recently found its way in the headlines for the latest data breach committed by hackers on May17, 2016. This wasn’t the first time it had faced such a breach. On 5th  June, 2012, a  group of hackers managed to get hack 6.5 million user accounts and by the morning of June 6, passwords of such accounts were available online in plain text.  This was followed by an apology by LinkedIn asking its users to immediately change their passwords. The company officials implemented a mandatory password...

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