lawyers in India

Data Safety And Privacy Protection - Cyber Security laws in India

Written By : Venkararamana B. Ramanathan , Advocate, Bangalore
Cyber laws in India
Legal Service
  • 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.

    Authored by Venkararamana B. Ramanathan , Advocate, Bangalore. and can be reached at: [email protected] / Print This Article

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