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Natalia L. Lyons   10 January 2017

What cyber laws govern user privacy in india?

This is my first post on LCI Forum. I have friends in India. I learnt from MGTHEBOSS'S BLOG, Uber Movement might accidentally relase personally identifiable information as it does not have a clear privacy policy. Since Uber's presence in India is growing fast, I would like to know how Indian lawyers view this launch and also what cyber laws govern user privacy in India.

Source: MGTHEBOSS'S BLOG



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 2 Replies

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     11 January 2017

The Constitution of India does not patently grant the fundamental right to privacy. However, the Courts have read the right to privacy into the other existing fundamental rights, i.e., freedom of speech and expression under Article 19(1) (a) and right to life and personal liberty under Article 21 of the Constitution of India. However, these Fundamental Rights under the Constitution of India are subject to reasonable restrictions given under Article 19(2) of the Constitution that may be imposed by the State.

Read here for more understanding:

https://www.vaishlaw.com/article/information_technology_laws/data_protection_laws_in_india.pdf

 

Feel Free to contact,

Thanks

 

1 Like

mahendra limaye (Cyber Legal Consultant)     17 February 2017

Section 43A under I T Act provides for Protection of Sensitive Personal Information.For more detailed discussion do write to mahendra@cyberorgindia.com.


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