Posted by: Editor LNAV | March 25, 2009

Privacy And Data Protection Law In India

Data Protection Law in India is very scattered and found under the provisions of different statutes. There is no specific and dedicated data protection law in India. Fortunately, we have a techno-legal data protection law database in India where both constitutional as well as statutory aspects of data protection can be analysed. However, we need a good action at the national policy level as none can substitute that requirement. In the absence of a legal and regulatory framework India may be at loss due to the growing resentment among the members of outsourcing countries. The occasional BPO frauds in India may also create problems for the outsourcing industry in India. Although BPO and data security breaches happen all over the World and is not peculiar to India alone yet absence of a legal framework in this regard may be an attacking ground for others. India must plug in this lacuna as soon as possible. The Stayam saga has already shaken the trust in India companies and after US now even UN has severed its dealings with it.


Although there is no legal framework for data protection in India yet some private initiatives in this regard are worth mentioning. The best effort comes from Perry4Law, the leading techno-legal ICT firm of India. As mentioned above, it has provided a broad framework for data protection and privacy protection in India. Then comes the initiative of Data Security Council of India (DSCI), an initiative by NASSCOM. However the problem with DSCI is that it is slow and for some reasons best known to it has not yet come out with effective data protection and privacy guidelines and suggestions.


All of this was still tolerable but the fatal blow came from the Government of India (GOI) itself. With the proposed Information Technology (Amendment) Bill, 2008 the Information Technology Act, 2000 was totally shattered and brought to the dust. Think about the precarious situation where India has neither a data protection law and privacy legislation nor a strong cyber law. Nothing more is left to support the golden egg known as outsourcing business of India. I think there is still time to act but few more months can be fatal for India and would change the outsourcing scenario for ever.


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