Legal Aspects in IT Security Is Your Organisation Up-to-Date?? (Ref : IT Act, 2008 & IT Rules 2011) Adv. Prashant Mali [BSc(Phy),MSc(Comp. Sci.),CNA,LLB,ISO 27001 LA] President – Cyber Law Consulting (Advocates & Attorneys) Founder – Cyber Law Foundation www.cyberlawconsulting.com
S43-A: Where a body corporate, possessing, dealing or handling any sensitive personal data or information in a computer resource which it owns, controls or operates, is negligent in implementing and maintaining reasonable security practices and procedures and thereby causes wrongful loss or wrongful gain to any person, such body corporate shall be liable to pay damages by way of compensation (limit not defined) to the person so affected.
What is a Body Corporate ? Under Section 43-A of IT Act,2008
Explanation: For the purposes of this section
(i) "body corporate" means any company and includes a firm, sole proprietorship or other association of individuals engaged in commercial or professional activities ..
“ Personal Information” means any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person.
Personal Information Under Section(2)(1)(i) of IT Rules 2011
Sensitive personal data or information of a person means such personal information which consists of information
(ii) financial information such as Bank account or credit card or debit card or other payment instrument details ;
(iii) physical, physiological and mental health condition;
medical records and history;
Exception: Info available under The Right to Information Act
Sensitive Personal Data or Information Under Section(3) of IT Rules 2011 www.cyberlawconsulting.com
Appointment of Grievance Officer Under Section(5)(9) of IT Rules 2011
Body corporate shall address any discrepancies and grievances of their provider of the information with respect to processing of information in a time bound manner. For this purpose, the body corporate shall designate a Grievance Officer and publish his name and contact details on its website. The Grievance Officer shall redress the grievances of provider of information expeditiously but within one month from the date of receipt of grievance.
WEBSITES SHOULD HAVE LEGAL NOTICES Under Section(3) of The IT Rules 2011
The intermediary shall observe following due diligence while discharging his duties, namely :
S(69-B) Power to authorize to monitor and collect traffic data or information through any computer resource for Cyber Security
(2) The Intermediary or any person in-charge of the Computer resource shall when called upon by the agency which has been authorized under sub-section (1), provide technical assistance and extend all facilities to such agency to enable online access or to secure and provide online access to the computer resource generating , transmitting, receiving or storing such traffic data or information.
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