A Study on Law Relating to Data Protection in India

  • B. Madhana
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  • B. Madhana

    Advocate at Madras High Court, India.

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This paper deals with the privacy issue in India faced by the people who use online as a means of communication, transaction, shopping etc., People with or without knowing tend to share their personal information in websites without even having knowledge whether the website is legally protected or not. When people share their data online fraudsters make this a platform to loot the personal information that are shared by the people. Privacy rights are enforced under the Indian Constitution and the Information Technology Act 2000, whereas the Indian Contract Act 1872, the Copyright Act 1957 and the Indian Penal Code 1860, protect property rights. An individual’s right to privacy has evolved out of Article 21 of the Constitution and other constitutional provisions protecting fundamental rights. Article 21 of the Constitution provides that no person shall be deprived of life or personal liberty except according to the procedure established by law. The Supreme Court of India has held in a number of cases that the right to privacy is implicit in the right to life and personal liberty guaranteed to Indian citizens. However, constitutional rights can normally be claimed only against the State or State owned enterprises and not against private individuals or establishments. The IT Act also prescribes penalties for hacking which is tampering with a computer’s source code and any breach of confidentiality and privacy obligations by a person having powers under the IT Act. Under the IT Act a network service provider or an intermediary is liable for any known misuse of third party information or data or for not exercising due diligence to prevent the offence.


Research Paper


International Journal of Law Management and Humanities, Volume 4, Issue 3, Page 6186 - 6201

DOI: https://doij.org/10.10000/IJLMH.111221

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


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