DIVERSE MUST KNOW IN INDIA Flashcards
What are the children’s data protection rules in India?
Child porn crime. s67 of IT Bill- creating - transmitting - browsing obscene material.
What is the treatment of publicly available data / registries in India?
No mention of treatment of public registers.
What is the extra-territoriality of the data privacy rules in India?
IT Act s1(2) unlimited territorial jurisdiction and applies to any offence or contravention committed outside India by any person. Section 75(1) and (2) states ‘the act or conduct constituting the offence involved a computer - computer systems or computer network located in India.’
What are the rules for marketing in India?
Act does not refer to electronic marketing directly. Privacy rules provide the right to ‘opt out’ of email marketing - and the company‚Äôs privacy policy must address marketing and info collection practices. DNC registry effectively implemented by TRAI.
Is data localisation applicable in India?
Under the upcoming Data Protection Act - a copy of all personal data must be stored in India
What are the key highlights under the proposed data protection act released by the Ministry of Electronics & IT Gov of India MeitY?
-(1) Extra territorial application to foreign data processors insofar as they have a business connection to India or carry on activities involving profiling of individuals in India. (2) Differential obligations for personal data and sensitive personal data. (3) Obligations of the Data Controller: Notice - Purpose and Collection Limitation - maintaining data quality - storage Limitation. (4) Grounds for processing in addition to consent include use for employment purposes as well as emergencies.
Who is the regulator of CICRA?
Reserve Bank of India. Any Indian citizen can also move to The National Human Rights Commission with an application of violation of privacy right.
What kind of claims does an Indian adjudicating officer have jurisdiction over?
Claims only to a max of INR 50 million. Jurisdiction for all claims exceeding INR 50 million is vested with the competent court.
Are the orders of the adjudicating officer appealable?
Yes before the Cyber Appellate Tribunal and thereafter - to the High Courts and the Supreme Court.
What are the powers of the adjudicating officer?
Hear offences of a civil and criminal nature - Award compensation as damages in a civil remedy - Impose penalties for the contravention of the Act.
How soon must grievance officers redress grievances according to the IT Rules?
Within one month from date of receipt.
What is the NCDRC and its function?
National Consumer Disputes Redressal Commission. Customers can lodge complaints and includes consumer disputes involving privacy issues.
Which of the three jurisdictions has a code of practice for the national ID?
PCPD Code of Practice on ID card numbers and other personal identifiers.
