In today’s world, our personal information is often shared and stored online. It’s important to know how this information is protected and what rights we have if someone misuses it. Here at BananaIP Counsels, we’re sharing recent cases from India that deal with these issues. These cases will help you understand what the law says about data protection and privacy.
Data privacy violation by ex-employee:
Ex-employee injuncted from using the prior employer’s client and pricing data, and the commission was appointed to seize the data in the employee’s possession.
The Bombay High Court has recently passed an exparte injunction against the use of confidential data by an ex-employee of a company. While employed with the company, the employee had downloaded client data, pricing data, and other data to his personal storage device, and had later contacted the company’s clients, who had since moved to his new employer company. The ex-employee had also solicited several other employees to join the new company.
After reviewing the facts and data presented, the Court found that there was a prima facie case and granted an injunction against the use and/or disclosure of confidential information. It also appointed a commissioner to visit and seize the data in the ex-employees possession with the help of the police.
Take down the contents:
In a landmark ruling, the Delhi High Court has issued critical directions and guidelines on the takedown of Non-Consensual Intimate Images (NCII) and personal data/information. This decision emphasizes the importance of the right to privacy and the right to be forgotten for individuals in the digital age.
The Court has clarified that intermediaries have an obligation to monitor and remove NCII content after receiving grievances or court orders, ensuring the protection of individuals’ rights online. Dive into the details of this groundbreaking ruling and its implications for various stakeholders in our latest newsletter.
Court orders takedown of videos wrongfully referring to Aaradhya Bachchan’s health and well-being.
The Delhi High Court recently asked Google LLC to immediately take down videos referring to the health and well-being of Aaradhya Bachchan, daughter of Abhishek Bachchan and Aishwarya Bachchan. These videos were wrongfully presenting that Aaradhya was in critical health, and though a complaint was filed with Google LLC, the videos were not immediately taken down. Referring to the publishers/uploaders of the videos as morbidly perverse persons, the Court asked Google LLC to immediately take the videos down. It also asked Google to take down any other videos of the like nature that are brought to its attention by the petitioner.
Like most intermediaries, Google argued in the case that it had no control over the videos, and unless videos fall within particular categories such as rape, obscenity, etc., they do not proactively take them down. The Court stated that such a response is unacceptable, and went on to grant relief to the petitioner. The case was primarily argued based on Rules 3 and 4 of the 2021 Intermediary Guidelines, which require intermediaries like Google to take down content expeditiously based on complaints relating to harm to children, privacy, copyright infringement, and defamation, among others.
The right to be forgotten:
Right to be Forgotten and Court Records
The Kerala High Court held in this case that a person has the right to get information about himself/herself de-indexed and removed from Google search and other online sources. The right to be forgotten is an inherent part of the right to privacy. However, such a right does not extend to Court records except those involving private matters such as matrimonial matters.
The cases we shared show how India’s courts are addressing the challenges of keeping personal information safe in the digital age. The law is clear that everyone has the right to protect their data and personal details. At BananaIP Counsels, we’ll keep updating you about these important issues, so you always know your rights.
For information on BananaIP’s Cyber Security and Privacy Law Services, click here.