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In today’s digitalized world, where information is being transferred in a miniscule second by a mere ‘clickof- the-cursor’, thanks to the ever increasing technology, does one stop to think about the practical implications behind every click/access to an online portal or mobile app? Are such stringent laws and regulations in place, like that of the EU, behind safeguarding data and thereby ensuring personal privacy? The IT (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 were brought into force to govern the increasing use of online tools for transmission of information and processing of user data. Upon reflection, these rules mirror the EU Data Protection Regulation to quite an extent, capturing the need for having stringent privacy policies detailing information regarding data processing and restrictions on collection and usage of personal and sensitive data along with granting the users a right to access and correction of their information along with setting guidelines for international data transfers. We may have reasonably well worded laws – on paper – but are they being effectively used to govern the use of online tools? We have managed to pull ourselves up as a “technology – pro” nation however do we have the measures in place to safeguard the use of such technology? Does the average user know about the implications of rendering information as insignificant as a ‘like’ on Facebook? Do we follow the age limit adhered to while making online profiles? One may harp upon the fact that we are a developing nation, but are we still a developing nation in the technology realm really, considering that we have managed to make a place and be listed as one of the top technology savvy nations? There is no doubt that technology does make things easier and convenient, like using mobile apps for finding directions, however, do we know that using the information we provide to the app, we are actually giving the mobile app creator the right to record and track our information. So what can be done to ensure safety of user data transmitted electronically? Should we follow a “reactive” or a “pro-active” approach – a reactive approach is an approach which is taken once the event has happened while a pro-active approach is being cautious from the beginning to avoid any untoward events later. Users need to be made aware of the rights with regards to processing of their data. Privacy policies should be worded such that they are simple to discern and not full of legalese, thereby confusing a layman and thus deterring the user from reading. Effective, practical execution of our privacy rules will enable to build a secure online environment where users are encouraged to trust in the online platforms and be free from any apprehensions, thereby leading to an increase in the usage of ecommerce as well, in turn increasing profits for our economy on the whole.
Shubhangini Rohatgi, Senior Associate, TMT Law Practice is a qualified lawyer registered with the Bar Council of Delhi, India, with an experience of over five years in the telecommunications and software industry as a corporate lawyer. She has completed an LLM in Corporate and Commercial Law from Queen Mary, University of London with subject specialization in Cyberspace, Privacy and Information and E-Commerce laws.
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