Data protection in India
At the moment, India does not have a specific legislation enacted primarily for data protection. India’s regulatory mechanism for data protection and privacy is the Information Technology Act, 2000 (“the IT Act”) and its corresponding Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“the IT Rules”).
In addition to this, personal data is also protected under Article 21 of the Indian Constitution which guarantees to every citizen, the Right to Privacy as a fundamental right
Data Protection in the EU
The European Union has the General Dara Protection Regulation (“GDPR”, 2012) that was created to increase the levels of security for individuals.
The “Privacy by design” section of GDPR requires companies to design their systems with the proper security protocols in place from the start. Failure to design your systems of data collection the right way will result in a fine.
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