Breach of Privacy
Breach of Privacy
Breach of Privacy
PRIVACY
RIGHT TO PRIVACY
number of breaches of data till November 2021 with total data breaches of
It is of serious concern in light of the financial and security damage the data
breach can cause. Criminals can use the leaked information for numerous illegal
activities such as fake ID cards, fraud bank calls, and so on.
TYPES OF INFORMATION LEAKED
A data breach can result in the leak of several types of information such as:
• Financial Data—such as credit card numbers, bank details, tax forms, invoices, financial
statements
standard, “information that is created by a health care provider [and] relates to the past,
or locate a person
Data protection and privacy are closely related. Information like a person’s name,
address, telephone number, profession, family, choices, etc. is usually accessible in a
multitude of places like schools, colleges, banks, directories, surveys, and various
websites. It can lead to privacy intrusions such as incessant marketing calls when such
information is passed to interested parties.
• According to Section 43A of the Act, the aggrieved person may be entitled
to compensation if the company failed to keep his or her personal data
protected while they were being processed by the company, whether as a
result of negligently implementing or maintaining reasonable security
measures.
SECTION 43A OF THE IT ACT
• Section 45 of the IT Act is a residuary clause that states that whoever
contravenes any rules made under the IT Act, for the breach of which no
penalty has been separately provided, shall be liable to pay compensation
or penalty of up to 25,000 rupees. Section 45 applies to an individual,
company, employer, employee.
SECTION 43 OF THE IT ACT
• steals, conceals, destroys, or alters any computer source code used for a computer
resource with the intention of causing it harm.
• Under the IT Act, terms such as violation of confidentiality and privacy are
defined.
• On the basis of the bill, no person whose place of business and data equipment
is within India, shall leak any data relating to any person without their
consent. The Privacy bill lays down the constitution of a
Data Protection Authority of India. The Data Protection Authority of
India is to monitor development in computer technology and data
processing..
• Further, it says any person who obtains any record of information concerning
an individual from any officer of the government or agency under false pretext
shall be punishable with a fine of up to Rs. 5 Lacs.
• The Personal Data Protection Bill, 2019 was introduced in Lok Sabha by
the Minister of Electronics and Information Technology, Mr. Ravi Shankar
Prasad, on December 11, 2019. The Bill seeks to provide for protection
of personal data of individuals, and establishes a Data Protection
Authority for the same.
• The Aadhaar (Targeted Delivery of Financial and other Subsidies, benefits
and services) Act, 2016 is a money bill of the Parliament of India. It
aims to provide legal backing to the Aadhaar unique identification
number project. It was passed on 11 March 2016 by the Lok Sabha.
• To protect the interests of the people and maintain order in the society the
government has lain down asset of norms that are described under IPC
THE INDIAN PENAL CODE (IPC) EXPLAINS THE PROVISIONS ABOUT THE OFFENCES OF FRAUD UNDER SECTIONS FROM
421 TO 424.
• Section 421:
Dishonest or fraudulent removal or concealment of property to prevent dis
tribution among creditors
• Section 422:
Dishonestly or fraudulently preventing debt being available for creditors
• Section 423:
Dishonest or fraudulent execution of deed of transfer containing false state
ment of consideration
• Or anyone who has deceitfully / fraudulently, had concealed or had removed or had delivered
or had transferred or had caused to be transferred any property, without appropriate
consideration
• The mentioned concealment or removal or delivery or transfer was done to prevent the
distribution of that property, as per the law among the creditors of accused person or the
creditors of another person.
• The punishment for fraud is imprisonment of either description for a term which may
extend to two years or fine or both.
• The fraudster shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both
• The said instrument or deed implies to transfer or create a charge upon the
concerned property or charge on interest on the involved property.
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