Mopic / Shutterstock.com
There is no specific legislation dealing with data protection in India but there is a comprehensive legal framework around the subject, as Pravin Anand and Shantanu Sahay describe.
A primary concern for the managers of a business outsourcing work to India is data security. Security breaches may result in losing not only large sums of money and potentially sensitive data but also the trust of the client. Data security is an essential aspect of the business process outsourcing (BPO) industry.
Although there is no specific legislation dealing with data protection the jurisprudence relating to data security has its source in the Indian Constitution, Article 21 of which states that no person will be deprived of his life or personal liberty except according to the procedures established by law.
Judicial activism has led to the inclusion of privacy within the realm of fundamental rights and, further, the Supreme Court has on various occasions held that personal liberty means life free from encroachments unsustainable in law. Any unlawful invasion of privacy would make the offender liable for the consequences in accordance with the law.
Start a subscription to WIPR for £455.
In-house feature articles, the archive and expert comment require a paid subscription. Subscribe now.
Want to give it a try? We are offering a two week free trial to the WIPR website – register and select “Free Trial” to begin access to the full WIPR archive and read the latest news, features and expert comment. Begin your free trial here.
Is your 2 week free trial about to end? Upgrade to a 12 month subscription for £455 now.
If you have already subscribed please login.
If you have any technical issues please email James Lynn on firstname.lastname@example.org.
BPO; data protection; Copyright law; copyright