Data Protection India
Data Protection India
Data Protection India
Despite the efforts being made for having a data protection law
as a separate discipline, our legislature have left some lacuna
in framing the bill of 2006. The bill has been drafted wholly on
the structure of the UK Data Protection Act whereas today's
requirement is of a comprehensive Act. Thus it can be
suggested that a compiled drafting on the basis of US laws
relating to data protection would be more favourable to the
today' requirement.
Unauthorised use or transfer of this credit data attracts
prohibitive fines. Credit information can be used only to identify
the credit worthiness of a potential customer and cannot be
used or transferred to unauthorised persons for any other
purpose. The IT Act again, protects credit data exclusively
which is just one aspect of personal data.
Conclusion
For sustaining and encouraging the BPO boom, India needs to
have a legal framework that meets with the expectations, both
legal and of a public nature, as prevail in the jurisdictions from
which data is being shipped to India. In practical terms the
biggest hurdle is for India to have its framework of domestic
data protection laws officially adjudged and publicly perceived
as adequate. The EU officially declares and lists adequate'
countries in terms of its 1995 Data Protection Directive. Only a
handful of countries like Argentina, Canada, Australia and
Switzerland, have so far made it to this white list. If India were
also to make it to this list by enacting a suitable legislation,
industries within the EU Member states would be able to export
data to India without having to follow otherwise compulsory
difficult and cumbersome procedures.