Data protection means the arrangement of security laws, approaches, and systems that plan to limit interruption into one's protection brought about by the collection and storage of individual information. Personal Data refers to the data or information that identifies with an individual who can be distinguished from that data or information whether gathered by any Government or any private association or an organization.
The Constitution of India doesn’t talk about personal data security to grant the fundamental right to privacy. Be that as it may, the courts have read the right to privacy into the other existing fundamental rights, ie, freedom of speech and expression under Art 19(1)(a) and right to life and personal liberty under Art 21 of the Constitution of India. Notwithstanding, these Fundamental Rights under the Constitution of India are subject to reasonable restrictions given under Art 19(2) of the Constitution that may be imposed by the State. As of late, in the landmark case of Justice K S Puttaswamy (Retd.) and Anr. vs. Union of India and Ors., the constitution bench of the Hon'ble Supreme Court has held the Right to Privacy as a fundamental right, subject to certain reasonable restrictions.
India presently does not have any express legislation administering data insurance or privacy. Nonetheless, the relevant laws in India dealing with data security are the Information Technology Act, 2000 and the (Indian) Contract Act, 1872. A classified law on the subject of data security is likely to be presented in India in the near future.
Section 72 of the Information Technology Act, 2000 provides punishment for breach of confidentiality and privacy. The Section provides that if someone who, in pursuance of any of the powers gave under the IT Act Rules or Regulations made thereunder, has secured access to any electronic record, book, register, correspondence, information, report or other material without the consent of the person concerned, discloses such material to any other person, shall be punishable with imprisonment for a term which may extend up to two years and\ or with fine which may stretch out to Rs 1,00,000, (approx. US$ 3,000).
Under section 72A of the above act disclosure of information, knowingly and intentionally, without the consent of the person concerned and in breach of the lawful contract has been also made punishable with imprisonment for a term stretching out to three years and fine reaching out to Rs 5,00,000 (approx. US$ 8,000).
