Roll No 49 - Ipr

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Data protection ,

need for legislation in


india
Shahanaz Salim
Roll no 49
BBA B
INTRODUCTION
*Privacy has become a concern of any person due to
technological development - limited focus on data security

*ipr as an integral aspects..

*who owns that resource and how others can use it

*ensure the legal, ethical, and professional responsibilities

*individual liberty , freedom threatened by interference by


strangers...
DATA PROTECTION
*There are several ways and means by which personal data may be
gathered and aggregated.

*Black’s Law Dictionary defines database

*definition by oxford dictionary of law

*need to protect database

*A legal right and protection of database is sought in copyright.

*United Kingdom,

*European Parliament and the Council


DATA PROTECTION & IPR
*the parity between ‘data protection’ and ‘intellectual property law’ needs to be
analyzed.

*Section 63B of the Indian Copyright Act

*elements - ‘work, competence, and judgment.’

*works of literature, fiction, music, art, and film

*data privacy and security of databases under the Copyright Act - difficult to
distinguish

*legal principles of access, anonymity, ownership, and facts are common to all
relationships..

*data security’ and ‘intellectual property rights’ are rights concerns -personal
details, physical data, contact privacy, and territorial data.
*general concept of intellectual property

*the Intellectual Property rights Secure Big Data by -


copyright , commercial secrecy , patents.

*individual innovations are difficult to track, and, more


importantly..
DATA PRIVACY & LEGISLATIONS IN
INDIA
*Proprietary rights are covered both by the Constitution of
India and by various legislative provisions
Eg. A 21, 300 A

*S 22 of ipc

*Section 2(1)(o) in The Information Technology Act, 2000

*Section 2(o) of the Copyright Act, 1957., etc


NEED FOR LEGISLATION
situation in which it must determine whether to implement new amendments to the
existing IT Act, 2000 or to enact separate legislation
*some of the reasons that constitute for the need of legislations in india includes :-

1.Need for single statute legislation and addressing ambiguities in the current
framework

2.Holding data safe would also help to stay ahead of your competitors.

3.Data privacy can make it difficult for hackers to access sensitive information

4.It ensures that data and important information are not compromised or corrupted.
CONCLUSION
*Property based approach to protection of personal data is
fraught with uncertainty..

*Suggestion in this regard - balance

*‘bundle of rights’ in the ‘information property’


Thank you

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