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Digital Privacy Acts in India

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  • 10th October, 2024
  • By Riya

As the world progresses, we realize that we need to be more aware about the laws and acts relating to digital privacy. Who needs Harvey Specter and Mike Ross when we, here at Xackton, can tell you all about them?

Data protection basically means safeguarding sensitive data against loss, manipulation, and/ or misuse. It is important for everyone to know about the basic rights and laws relating to digital privacy in India.

The Honourable Supreme Court of India established the right to privacy as a fundamental right under Article 21 of the Constitution of India as part of the right to life and personal liberty. This article is mainly about the right to life and covers a variety of topics, including the right to privacy. This includes the right to maintain a pirate image even in the digital world. On October 17, 2000, the Information Technology Act of 2000 was passed. It is the main Indian legislation governing e-commerce and cybercrime issues. This act came into action to give legal recognition to all online transactions and work happening in the internet world. This act is the overall rulebook for the information technology world. It covers many topics like the

  • Proper definitions: This section defines various terms that are often coming up in the entire legislation. It states that “Any reference in this Act to any enactment or any provision thereof shall, in relation to an area in which such enactment or such provision is not in force, be construed as a reference to the corresponding law or the relevant provision of the corresponding law, if any, in force in that area.”
  • Authentication of electronic records: This section talks about the rules and regulations that are to be followed when it comes to electronic records.
  • Electronic signature: This tells us about the various sections and subsections explaining to us the usage and authentication of digital and electronic signatures and how they can be used.
  • Legal recognition of electronic records and signatures: This section explains how things work when it comes to matter that is in writing or in the typewritten or printed form, then, notwithstanding anything contained in such law.
  • Their uses and guidelines when it comes to the government and its agencies: This is given to explain the guidelines in reference to specific government guidelines when it comes to electrical signatures and documents.
  • Audit of those documents and how are they supposed to be maintained: This section states that Where in any law for the time being in force, there is a provision for audit of documents, records or information, that provision shall also be applicable for audit of documents, records or information processed and maintained in the electronic form.

We may or may not be aware of our own rights and the rules and regulations when it comes to being involved in the digital space. Being aware about these laws are very important especially if we are involved in any transactions, like most of us when we are involved in online payments or instagram shopping for our favorite shoes.
We must be educated and try to educate the younger generations too, as we rely more and more on the online world as the hours go by.

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