Epic data & privacy


My EPIC data screenshot has been used by someone and posted it on their Facebook without my consent. While I agree that my personal data be used by election dept and made avaiable for public scrutiny, what if someone uses the same data for other purposes without my knowledge?

As per my research: The (Indian) Information Technology Act, 2000 deals with the issues relating to payment of compensation (Civil) and punishment (Criminal) in case of wrongful disclosure and misuse of personal data and violation of contractual terms in respect of personal data.

Under Section 43A of the (Indian) Information Technology Act, 2000, a body corporate who is possessing, dealing or handling any sensitive personal data or information, and is negligent in implementing and maintaining reasonable security practices resulting in wrongful loss or wrongful gain to any person, then such body corporate may be held liable to pay damages to the person so affected. It is important to note that there is no upper limit specified for the compensation that can be claimed by the affected party in such circumstances.

Under Section 72A of the (Indian) Information Technology Act, 2000, disclosure of information, knowingly and intentionally, without the consent of the person concerned and in breach of the lawful contract has been also made punishable with imprisonment for a term extending to three years and fine extending to INR 5,00,000.

Please guide me as to what my options are.

 
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You may have to pursue your situation through a police complaint/ FIR under IT Act.

 
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Hello Pratap sir,

Thanks for the suggestion.

I read a similar thread here: http://www.lawyersclubindia.com/experts/Right-of-privacy-270641.asp#.U2fQpKKv9us

If EPIC data is considered public does that mean I have no control on how my information is being used?

 

 

 
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Dy Director

it is not ompulsory to register as a voter.  Once you are registered then voter list is put on website and you have no control over it.  Every citizen has a right to seek its copy from DEO.  It is not at all a personal information.

 
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Dy Director

if you have read

 

http://www.lawyersclubindia.com/experts/Right-of-privacy-270641.asp#.U2fQpKKv9us

 

then you already know the law.

 
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