ENFORCEMENT IN INDIA

Question 1

What is the role of the Ministry of Communication and Information Technology (MCIT)?

Answer 1

Policy formulation - regulation and oversight - and coordination with other regulatory bodies.

Question 2

What are the responsibilities of the Ministry of Electronics and Information Technology (MeitY)?

Answer 2

Implementation of IT policies - cybersecurity and data protection - and promoting e-governance.

Question 3

What does the Telecom Regulatory Authority of India (TRAI) regulate?

Answer 3

Unsolicited commercial communications - net neutrality - and the Do Not Call registry.

Question 4

What is the purpose of the Do Not Call registry?

Answer 4

To protect consumers from unsolicited marketing calls and messages.

Question 5

Why was Facebook’s Free Basics service banned by TRAI?

Answer 5

To uphold net neutrality principles.

Question 6

What does net neutrality ensure?

Answer 6

All internet traffic is treated equally without discrimination.

Question 7

What are commissioner rulings?

Answer 7

Decisions made by commissioners in response to complaints about data breaches and privacy violations.

Question 8

What can individuals do if they disagree with a commissioner ruling?

Answer 8

Appeal the decision through higher administrative bodies or courts.

Question 9

What are the penalties under Section 43(b) of the IT Act?

Answer 9

Penalties for unauthorized access to computer systems - leading to compensation claims by affected individuals.

Question 10

What are the penalties under Section 43(g) of the IT Act?

Answer 10

Penalties for unauthorized data entry - deletion - or alteration in a computer resource.

Question 11

What is the penalty for breach of confidentiality and privacy under Section 72?

Answer 11

Three years imprisonment and a fine up to INR 100 -000.

Question 12

What is the penalty for disclosure of information obtained under lawful contract under Section 72A?

Answer 12

Three years imprisonment and a fine of five lakh rupees.

Question 13

What guidance do commissioners provide?

Answer 13

Advisory notes and position papers on compliance requirements and data protection issues.

Question 14

What are the responsibilities of Grievance Officers in India?

Answer 14

Handling complaints - ensuring compliance - and overseeing consent opt-out mechanisms.

Question 15

What are the consent obligations for businesses in India?

Answer 15

Businesses must obtain prior consent before collecting SPDI - and consent can be provided by letter - fax - or email.

Question 16

What notification obligations do businesses have when collecting information?

Answer 16

Providers of information should be made aware that their information is being collected - the purpose of use - recipients - and the name of the collection agency.

Question 17

What are the access obligations for businesses in India?

Answer 17

Businesses must permit providers of information to review their data.

Question 18

What must businesses do if information is found to be inaccurate or deficient?

Answer 18

Ensure that the information is corrected.

Question 19

What complaint rights do individuals have in India?

Answer 19

Organizations must designate Grievance Officers to manage compliance and address grievances within one month.

Question 20

What ongoing efforts are crucial for data protection policy development?

Answer 20

Legislative amendments and guideline updates.

Question 21

What is the doctrine of privity of contract in data transfers?

Answer 21

Ensuring third parties comply with data protection obligations through contractual agreements.

Question 22

What are the public-sector exemptions in data protection?

Answer 22

Exemptions for data processing related to national security and public safety - and for public interest purposes like census data collection.