The 2009 amendment to the Information Technology Act introduced fundamental privacy and data protection provisions. The privacy law in India requires companies and websites to apply due diligence while collecting and dealing with sensitive personal data or information. A civil requirement, prescribing damages for an entity that is negligent in using “reasonable security practices and procedures” while handling sensitive personal data or information resulting in wrongful loss or wrongful gain to any person.
Further, criminal punishment is chargeable for persons who disclose sensitive personal information without consent or in breach of the relevant contract with the intention or knowledge that the disclosure would cause wrongful loss or gain.
While dealing or collecting personal information, reasonable security practices and procedures require adherence followed by all businesses, websites, and eCommerce businesses. Sensitive personal information relates to information that identifies an individual. Sensitive personal data includes:
Sensitive personal data only deal with the information of individuals and not the data of entities.
Also, the business can collect sensitive personal information only if it obtains the prior consent of the provider of the data. The company must also provide an option for the user not to disclose sensitive information. In such situations, the company has the right to cease providing goods and services for which the information collection occurs.
As per the Information Technology Act, all businesses must have a privacy policy published on their website. The privacy policy must describe the information collected, the purpose of using the data and to whom is it shared. It must also include how such disclosure takes place, and the reasonable security practices used to safeguard such information.
The Website Terms and Conditions is a legal document that lists the terms and conditions that the user must abide by while using the website. The website terms and conditions agreement includes the copyright license of the copyright in the website, disclaimer of liability, an acceptable use clause, a variation clause, a clause specifying the applicable law and jurisdiction, and other legal information. Website Terms and Conditions can be displayed on the website in a prominent place at the website footer. The document must have the last change date and details as required under the Information Technology Act, 2000.
This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being.
