Category Archives: Cyber Law In India

Data Protection Laws In India

We have no dedicated data protection laws in India. Data of individuals and companies require both constitutional as well as statutory protection. The constitutional analysis of data protection in India has still not attracted the attention of either Indian individuals/companies nor of Indian government.

The statutory aspects of data protection in India are scattered under various enactments. The Information Technology Act 2000 (IT Act 2000), which is the cyber law of India, also incorporate few provisions regarding data protection in India. However, till now we have no dedicated statutory and constitutional data privacy laws in India and data protection law in India.

Further, we do not have a dedicated privacy law in India as well. Privacy rights in India are still not recognised although the Supreme Court of India has interpreted Article 21 of Indian constitution as the source of privacy rights in India. Just like data protection, provisions pertaining to privacy laws in India are also scattered in various statutory enactments. Privacy rights and laws in India need to be strengthened keeping in mind the privacy rights in India in the information age.

Another related aspect pertains to data security in India. In the absence of proper data protection, privacy rights and cyber security in India, data security in India is also not adequate. Further, we do not have a dedicated cyber security law in India as well.

Perry4Law and Perry4Law Techno Legal Base (PTLB) believe that data protection requirements are essential part of civil liberties protection in cyberspace. With the growing use of information and communication technology (ICT), data protection requirement has become very important. It would not be wrong to assume privacy and data protection rights as integral part of human rights protection in cyberspace.

Perry4Law and PTLB believe that Indian government must formulate different laws for privacy, data protection and data security. The IT Act 2000 has already committed the mistake of incorporating all cyberspace related aspects at a single place. This has resulted in a chaos and we have no effective law for any aspect of cyberspace.

Perry4Law and PTLB suggest that India government must formulate separate laws for issues like privacy, data security and data protection.

Electronic Legal Due Diligence In India

Legal due diligence in India is not a new concept. Legal due diligence involves assessing the suitability, efficiency and viability of a company or organisation. Legal due diligence may be required to meet statutory and regulatory requirements or it may be necessary when a company wishes to invest in another company.A contemporary form of legal due diligence, especially for companies and

Cyber Law Of India Should Be Reformed

Technological issues when collaborated with legal framework bring complex situations. It is very difficult to provide a legal framework for technological issues. India is also trying to grapple with this problem. Although cyber law in India has been enacted in the form of information technology act 2000 (IT Act 2000) yet it has remained archaic and non performer. The cyber law trends in India

Cyber Due Diligence For Indian Companies

Cyber due diligence in India has finally arrived in India. The information technology act, 2000 (IT Act 2000) is the sole cyber law of India. IT Act 2000 prescribes cyber due diligence requirements on the part of various stakeholders like banks, companies, individuals, Internet intermediaries, e-commerce sites, etc.However, till now cyber due diligence in India has not been taken seriously. This

Internet Censorship In India

Internet in India is under potential threat of censorship and e-surveillance. Internet censorship in India has increased a lot. Similarly, e-surveillance in India has also increased to intolerable limits.India has a draconian but cyber criminals’ friendly cyber law in the form of information technology act, 2000 (IT Act 2000). It was amended in 2008 to confer unregulated e-surveillance, Internet

Yahoo Took Indian Government To Court Over E-Surveillance

E-surveillance in India has become a big nuisance for intermediaries like internet service providers (ISPs), e-commerce sites, search engines, e-mail providers, etc. The liability of Internet intermediaries for copyright violations is also well known that has further increased the troubles of intermediaries in India.Intermediaries liability for cyber law due diligence in India has become very

Techno-Legal Online Cyber Security Research, Training And Educational Centre of India

Cyber security management is a tough task especially if it is techno-legal in nature. In that case one has to manage not only the technical aspects but also the legal aspects. Perry4Law is the leading Techno-legal ICT law firm of World. It has many techno-legal segments like Perry4Law Techno-Legal Base (PTLB), Perry4Law Techno-Legal ICT Training Centre (PTLITC), etc. Perry4Law is also running

Cyber Laws All Over The World Are Becoming Unreasonable And Oppressive

Cyber Laws all over the World are intentionally designed to violate civil rights like privacy, speech and expression, etc. They are also intentionally formulated to facilitate “Internet Censorship” and “E-Surveillance” beyond the legitimate limits of “National Security”. This approach is more dangerous and is detrimental to the national security in the long run.The Google’s episode regarding

CRITICAL ICT INFRASTRUCTURE PROTECTION IN INDIA: NEED OF THE HOUR

In recent years, the frequency and sophistication of cyber security attacks on global Critical Information and Communication Technology (ICT) Infrastructure (Critical ICT Infrastructure) has greatly increased. Cyber-security experts have been warning of the vulnerability of Critical Infrastructure like Power, Energy, Transportation, Water Systems, etc to malicious hackers. Recently hackers have