The right to protection of personal data is a civil and Constitutional right. Article 21 of the Constitution of India provides for the rights to life and personal liberty, which includes the right to privacy. Data protection has emerged as an important reaction to the development of information technology. The growing use of internet can be witnessed in E-commerce. In order to protect the misuse of data and information, data protection laws become very important. Indian Government introduced the Personal Data Protection Bill, 2006 in Rajya Sabha on 8th December 2006 with an object to provide protection of personal data and information.
The following laws were already there to regulate data privacy -
1) Indian Telegraph Act, 1885.
2) Credit Information Companies (Regulation Act, 2005)
3) The Indian Contract Act, 1872.
4) Special Relief Act, 1963.
5) Consumer Protection Act, 1986.
6) Indian Copyright Act, 1957.
7) Indian Penal Code, 1860.
Chapter ix and chapter xi of the IT Act, 2000 contain many sections to impose for violation of data protection this are as follows -
1) Section 43 deals with penalties for damage to computer and computer system etc.
2) Section 65 deals with pampering with computer source document.
3) Section 66 deals with hacking with computer system.
4) Section 72 deals with penalty for breach of confidentiality and privacy.
The laws relating to protection of personal data apply to all sectors. There are no sector specific laws.
Remedies for breach of data protection laws. Special penalty include the following-
1) Pampering with computer source document section 65 of IT Act, imprisonment up to 3 years and /or a fine of up to INR 200000.
2) Offences as provided in section 43 of the IT Act, section 66 IT Act imprisonment up to 3 year and/or a fine of up to INR 500000.
3) Dishonestly receiving stolen computer resources or communication devices section 66(B) IT Act, imprisonment for a term of up to 3 years and/ or a fine of Rs up to INR 100000.
4) Identity theft section 66 cc of IT Act, imprisonment for a term up to 3 years and a fine of up to INR 100,000.
5) Violation of privacy section 66(E) of IT Act, imprisonment of up to 3 years and /or a fine of up to INR 200000.
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