In today’s digital age, safeguarding confidentiality and privacy is crucial. The Indian Cyber Law includes Sections 72 and 72A of Information Technology (IT) Act,2000 which specifically address breaches of confidentiality and privacy, ensuring accountability and penalties for offenders.
SECTION 72: PENALTY FOR BREACH OF CONFIDENTIALITY AND PRIVACY
Section 72 of Information Technology(IT) Act,2000 of the Indian Cyber Law addresses breaches of confidentiality and privacy concerning electronic records, books, registers, correspondence, information, documents, or other materials. It stipulates that any person who gains unauthorized access to such materials, in the exercise of powers conferred under the Act, and subsequently discloses them to another party without consent, shall be liable to penalties.
Scope of Section 72
Section 72 of Information Technology(IT) Act,2000 applies to individuals or entities who, through legal authority granted under the Cyber Law or related regulations, obtain access to electronic records or other materials. The provision emphasizes the importance of consent, highlighting that disclosure without the consent of the concerned person constitutes a breach of confidentiality and privacy.
Implications and Penalties
The penalties outlined in Section 72 of Information Technology(IT) Act,2000 serve as a deterrent against unauthorized disclosure of sensitive information. Violators may face fines of up to five lakh rupees, underscoring the severity of breaching confidentiality and privacy regulations. This provision aims to uphold the integrity of electronic records and protect individuals’ privacy rights in the digital sphere.
SECTION 72A: PUNISHMENT FOR DISCLOSURE OF INFORMATION IN BREACH OF LAWFUL CONTRACT
Section 72A of the Information Technology (IT) Act, 2000 addresses breaches of confidentiality stemming from lawful contracts. It applies to individuals, including intermediaries, who access personal information under a contract’s terms and then disclose it without consent for wrongful gain or loss.
Examining the Provisions of Section 72A
Section 72A of Information Technology(IT) Act,2000 underscores the significance of honoring contractual agreements and respecting the confidentiality of personal information. It emphasizes that disclosing such information without consent or in violation of a lawful contract constitutes a breach of confidentiality and may result in severe penalties.
Penalties Under Section 72A
Individuals found guilty of breaching confidentiality under Section 72A may face penalties of up to twenty-five lakh rupees. This provision reflects the gravity of disclosing personal information for wrongful purposes and aims to deter such actions, thereby promoting trust and integrity in contractual relationships.
EXAMPLE AND ANALYSIS
Example:An example of breach of confidentiality and privacy could be an employee accessing sensitive customer data without authorization and then sharing it with a competitor for personal gain.
Analysis: Sections 72 and 72A of the Indian Cyber Law play pivotal roles in safeguarding confidentiality and privacy in the digital landscape. By delineating clear provisions and imposing significant penalties, these sections seek to deter unauthorized access and disclosure of sensitive information. Upholding confidentiality and privacy rights is essential not only for protecting individuals’ data but also for fostering trust and confidence in digital transactions and interactions. As technology continues to evolve, the enforcement of such provisions remains crucial in ensuring the integrity and security of electronic records and personal information.
In conclusion,India’s IT Act Sections 72 and 72A tackle digital breaches of confidentiality and privacy, enforcing accountability and penalties. These measures safeguard sensitive data, bolster trust in digital transactions, and emphasize the significance of protecting privacy rights in the digital era.
RECENT UPDATE –
Recent updates to the Jan Vishwas Act amended Section 72 of the Information Technology Act, 2000, decriminalizing offenses and increasing penalties. Now, disclosing information without consent can result in fines up to ₹25 lakh, previously punishable by imprisonment. However, industry concerns remain regarding the rationalization of penalties and compliance uncertainties.
Reference
- Amendments to IT Act decriminalized offences, increase penalties-THE HINDUSTAN TIMES
- Legislation in works to protect privacy breach: Government-THE ECONOMIC TIMES
- LEGAL GLOSSARY -electronic records
- LEGAL GLOSSARY -unauthorized access
