Data Privacy of Individuals
SECTION 43A of the Information Technology Act, 2000 prescribes the body corporates to implement reasonable security practices and procedures. The provision also provides for compensation to be paid by body corporate, commensurate to the damages suffered by the affected person in case of leakage of sensitive personal information. Business Process Outsourcing firms are body corporates and thus are also covered under section 43A of the Information Technology Act, 2000.
The Information Technology Act, 2000 has already been amended by Information Technology (Amendment) Act, 2008 w.e.f. 27.10.2009.
Section 43A of the amended Act adequately addresses data privacy concerns in digital form. The rules under Section 43A have been notified w.e.f. 11.4.2011.
This information was given by Sachin Pilot, the Minister of State for Communication and Information Technology in written reply to a question in Lok Sabha yesterday.