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Dr. L.N. Lion (CMD)     24 April 2010

Data Protection Laws in India

I have come across some contracts referring to 'data protection' in India. Which law governs the right of individuals pertaining to their data protection, esp whn the contracts are executed between two Indian entites.



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 3 Replies

AEJAZ AHMED (Legal Consultant/Lawyer)     24 April 2010

The subject matter of data protection and privacy has been dealt within the Information Technology Act, 2000 but not in an exclusive manner.

 

Data protection is not a subject in any of the three lists in Schedule VII of the Constitution of India. But Entry 97 of List 1 states: “any other matter not  numerated in  List II and List III …….” Thus only the Indian Parliament is competent to legislate on data protection since it can be interpreted as any other matter not enumerated in List II and List III.

 

Data protection is, thus, a Central subject and only the Central Government is competent to frame legislations on issues dealing with data protection.

In fact, the Information Technology Act, 2000, and the Indian Copyright Act, 1957, enacted by the Indian Parliament are the main legislations in this field, which contains provisions on data protection.

 

 

There is also a proposed Personal Data Protection Bill, 2006, which deals with the protection of personal data.


Attached File : 8 8 the personal data protection bill 2006.pdf downloaded: 149 times
2 Like

Dr. L.N. Lion (CMD)     25 April 2010

Mr. Ahmad. Thanks alot for detailed information of my qurey.

sanjeev kumar (Founder & CEO Setindiabiz.com a unit of KPS Corporate Consultants P Ltd)     26 April 2010

Mr Ahmad,

we appreciate your reply. thank you very much for copy of bill


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