Mahantesh b Madiwalar
Guided by Dr.B S Reddy
In new technology era information is more valuable than any other thing. “Governmental and non Governmental bodies hold wast quantity of information about individuals” to maintain and regulation of these information, and also pass it to others for use has been the subject matter of new legislation guidelines over many years.
In the concept of Global village internet in India is new boom in all fields. Like education, medicine and engineering and service sector. In the area of information technology Indian professionals have made themselves a reputation through their hard work, dedication, and commitment. In the present situation development in one field is always impact on different sector like commerce, industry and real estate.
Increasing in use of internet and its use in these sectors proved that internet is necessary for growth of development and information is nothing but ‘meaningful data’ data are building blocks and information is finished house. Brief history of data protection legislation
In the age of 1970 the first data protection Act was enacted in the Germen State Hysse. The misuse of records under Nazi’s regime had raised concerns among the public about the use of computer to store and process large amount of personal data. it signifies how public information is misused. In the age of 1973, the Sweden Nation introduced the statute. The U K Government was concerned at the impact that the council of Europe Conventions would have on business, and wanted to ensure that the UK met international standards to enable data the transferred. It introduced a bill in 1982 which became the data protection Act 1984. In 1995 the European Union adopted its directive on the protection individuals with regard to the processing of personal data and on the free moment of such data. In order to meet the EU “adequacy” standards. U S developed a ‘Safe Harbor’ frame work, according to which the U S companies that have self certified to the Safe Harbor frame work.
In Indian Territory the private data information is under control of the Information Technology law 2000. The law defines ‘Data’ it means representation of information, knowledge, facts and concepts. Or instructions which are being processed in a formalised manner, is intended to be processed in computer network or stored internally in the memory of computer.
In the present scenario data information provisions affects within the territory of India under Section 43A and 72A of Information Technology Law and outsourced data information will be protected under these provisions, and out soured data information will not be protected under these provisions because India is have no jurisdictions in the same way other countries have obligation to protect our data information.
The Information Technology Law of 2008(amendment) has a lot of lacuna of data privacy laws in India. The provisions of Information Technology law are not to meet the Corporate India. By this Information Technology and Business Process Out Sourcing (BPO) sectors have handle and access personal information of individuals through the world, including their credit card details and financial information and medical history, these information often misused by employers of these company. “There have been instances of security breaches and data leakages in high profile Indian companies. These recent incidents of data thefts in the BPO industry raised concern about data privacy.
Adequacy of law
With the globalisation and increasing in BPO sectors data legislation is necessary because these BPO companies without prior consent they have given away the personal information of customers to third parties Ex: BPO frauds in India includes New York based City Bank accounts being looted from BPO in Pune and Call-Centre employee in Bangalore peddling credit card information to fraudster who stole US $ 398,000 from British Bank accounts.
The right to privacy as an independent as an distinctive concept originated in the field of Tort law. Now the right to privacy is a part of constitution under Article 21 of Constitution of India.
Privacy is the claim of individuals, groups institutions to determine for themselves when, how and what extent information about them is communicated to others. Right to privacy is more or an implied obligation. It is right to let alone.
Now India is facing new challenges in telemarketing field. This is facilitated, to a large extent, by the widespread use of telephones, by this method personal information is used for companies business work. There is a violation of privacy caused by such calls who, behalf of banks, mobile phone companies, financial companies etc offers varies schemes.
Cross border exchange of details are also misused by other countries. With the advent of Information Technology the traditional concept of right to privacy has taken new dimensions. Which require a different legal outlook?
In the modern situation the Data Privacy legislation faces new challenges in India, there is lot of cyber crimes, and data theft is happening more, and also the main cause of this situations is there is lack of good legislation. To overcome this situation India needs a better law to protect and meet with expectations both legal and public nature. “In the recent e-surveillance projects like Adhar/UID, National intelligence grid(Natgrid), crime and criminal tracking networks and system (CCTNS), central monitoring system (CMS)etc are not supported by any legal framework” these creates in India personal information is highly vulnerable to misuse, our privacy is fundamental right.
For this back ground I would like to come to the conclusion that in present situation India badly need data privacy legislation