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Introduction:
As the situation now warranty legislation of data protection in
India, visitors to any website want reassurances that privacy
rights will be respected when they engage in eCommerce. It is part
of the confidence-creating role that successful eCommerce
businesses have to convey to the consumer. If industry doesn't
make sure it's guarding the privacy of the data it collects, it
will be the responsibility of the government and it's their
obligation to enact legislation. The problem that arises in
eCommerce is that the Internet is in itself global. Generally the
actions in regulating by the Indian Govt will have very little
impact unless they are part of a larger international setting. The
protection of personal data has never been a purely national
problem; it was always a global issue. Here we are trying no to
not deal with privacy issues relating to internal use by
employees, sending personal data or using the employers Internet
for personal purposes. It is to focus on issues relating to the
collection, storage, accuracy and use of data provided by Net
users in the use of the World Wide Web
Information
that could be collected by Operating Websites and what way it can
be Used?
The type of information that could be collected and can be
classified as either individually identifiable information or Mass
undisclosed information.
Individually Identifiable Information
Individually identifiable information can be defined as
information that can be used to identify an individual, that
consist of information like name, address, telephone number,
credit card number, or email address And other consumer specific
information. This information is linked with identifiable
information from other sources, or from which other personally
identifiable information can easily be found, including, but not
limited to, name, address, phone number, fax number, email
address, financial profiles, credit card information. And also IP
address is associated with Personally Identifiable Information,
unless you have affirmatively disclosed this information. The
Internet generates an elaborate trail of data every stop a person
makes. Pentium III processor identifier chip called Processor
Serial Number or PSN, It is a number tied to the individual and
used to validate one's identity through a range of interactions
with any organization or demographic.
Mass Undisclosed Information
Mass undisclosed information" can be defined as information that:
a website or third party on its behalf aggregates and categorizes
by established geographical areas, such as postal codes and
contains non-consumer specific information created from anonymous
transactions for use by merchants in better managing their
businesses and conducting mass media advertising.
There is a abundant of technologies that are utilized to collect
both Classes of information on consumers. One of these tools are
called "Cookies" Which is simply a piece of information [computer
code] that is saved on your own Computer or your browser. It
contains information as to the personal preferences exhibited when
visiting a website. As it is impossible to differentiate between
Visitors to a Web site, the server will somehow mark the visitor
by storing information on them.
While Cookies themselves are not gathering the data, they are used
as tracking devices to help people who are collecting information.
Any information gathered is associated with the value they keep in
any Cookie. A Cookie cannot read hard drive to find out who they
are, or there incomes or place of residence, However, that
information could end up in a Cookie if you provided it to a site
and that site saved it in a Cookie.
Policies to Protect privacy
Accountability by organizations for information within their
possession Limit the collection of the information.Revelation of
personal data to the declared purpose except with the consent of
the individual. Organization should retain information only as
long as necessary. Information in possession of an organization
should be accurate and up-to-date Security should be the Priority
Organizations collecting should be transparent in their policy and
practice Organizations should allow individuals access and the
ability to rectify errors.
Fair information practices:
Web sites would be required to provide consumers notice of what
information they collect and how they use it. Web sites would be
required to offer consumers choices as to how that information is
to be used beyond the use for which the information was provided.
Web sites would be required to offer consumers reasonable access
to that information and an opportunity to correct inaccuracies.
Web sites would be required to take reasonable steps to protect
the security and integrity of that information. Websites that
collect personal identifying information from children 12 and
under need to provide actual notice to the parent and obtain
parental consent as follows.
The agency
should issue interpretive rules defining fair information
practices with greater specificity, taking into account
industry-specific differences.
The purpose is to prevent violations of fundamental human rights
such as unlawful storage of personal data, or the abuse or
unauthorized disclosure of such data.
(*This
is article is for general information only
)
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Authored by Venkararamana B. Ramanathan , Advocate, Bangalore. and can be reached at :
venkattbr@yahoo.com
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