Here are some short Q and A on IT Act and SPDI rules.
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Q. Which Act governs the rules for and
laws for data protection in India?
Ans. The general data protection rules
under the Information Technology Act, 2000 (IT Act) as well as various sector
specific laws on data protection.
Q. Why right to privacy is not an
absolute right?
Ans. The right to privacy is
fundamental right of a citizen of India but it is subjected to some
restrictions and has expressly recognised protecting national security,
preventing and investigating crime, encouraging innovation and the spread of
knowledge, and preventing the dissipation of social welfare benefits as certain
legitimate aims of the State – as held in case of Puttaswami by Supreme Court.
Q. What is mean by SPDI Rules?
Ans. SPDI rules means The Information
Technology (Reasonable Security Practices and Sensitive Personal Data or
Information) Rules, 2011.
Q. Under which section of which Act
SPDI rules were issued?
Ans. Under Section 43A of Information
Technology Act, 2000 (for short IT Act) SPDI rules were issued.
Q. What is Section 43A of IT Act?
Ans. Section 43A, relates to
Compensation for Failure to Protect Data and enables the enactment of
reasonable security practices and procedures for the protection of sensitive
personal data.
Q. Which OECD guidelines were
incorporated in SPDI rules?
Ans. The OECD guidelines incorporated
in SPDI rules are collection limitation, purpose specification, use limitation
and individual participation.
Q. To whom the SPDI rules are
applicable?
Ans. The SPDI Rules apply only to
corporate entities and leaves the government and government bodies outside its
ambit.
Q. Which tribunal was to hear appeals
under IT Act?
Ans. Cyber Appellate Tribunal (CyAT).
But it has given it’s last order in 2011. There is absence of effective
machinery for enforcement of law related to digital sector.
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