Section 43A Compensation for failure to protect data
- Amendments
- 1
Section 43A inserted by Information Technology (Amendment) Act, 2008, s. 22, dated 5th February, 2009, with effect from 27 October 2009Where a body corporateDefined in section 43A(i): body corporate means any company and includes a firm, sole proprietorship or other association of individuals engaged in commercial or professional activities; (ii) reasonable security practices and procedures means security practices and procedures designed to protect such information from unauthorised access, dama..., possessing, dealing or handling any sensitive personal dataDefined in section 2(o): data means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalised manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer ... or informationDefined in section 2(v): information includes 6[data, message, text,] images, sound, voice, codes, computer programmes, software and data bases or micro film or computer generated micro fiche; 7[(w) intermediary, with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits... in a computer resourceDefined in section 2(k): computer resource means computer, computer system, computer network, data, computer data base or software which it owns, controls or operates, is negligent in implementing and maintaining reasonable security practices and procedures and thereby causes wrongful loss or wrongful gain to any person, such body corporateDefined in section 43A(i): body corporate means any company and includes a firm, sole proprietorship or other association of individuals engaged in commercial or professional activities; (ii) reasonable security practices and procedures means security practices and procedures designed to protect such information from unauthorised access, dama... shall be liable to pay damages by way of compensation to the person so affected.
Section 43A inserted by Information Technology (Amendment) Act, 2008, s. 22, dated 5th February, 2009, with effect from 27 October 2009Explanation.—For the purposes of this section,—
Section 43A inserted by Information Technology (Amendment) Act, 2008, s. 22, dated 5th February, 2009, with effect from 27 October 2009(i) "body corporateDefined in section 43A(i): body corporate means any company and includes a firm, sole proprietorship or other association of individuals engaged in commercial or professional activities; (ii) reasonable security practices and procedures means security practices and procedures designed to protect such information from unauthorised access, dama..." means any company and includes a firm, sole proprietorship or other association of individuals engaged in commercial or professional activities;
Section 43A inserted by Information Technology (Amendment) Act, 2008, s. 22, dated 5th February, 2009, with effect from 27 October 2009(ii) "reasonable security practices and procedures" means security practices and procedures designed to protect such informationDefined in section 2(v): information includes 6[data, message, text,] images, sound, voice, codes, computer programmes, software and data bases or micro film or computer generated micro fiche; 7[(w) intermediary, with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits... from unauthorised accessDefined in section 2(a): access with its grammatical variations and cognate expressions means gaining entry into, instructing or communicating with the logical, arithmetical, or memory function resources of a computer, computer system or computer network, damage, use, modification, disclosure or impairment, as may be specified in an agreement between the parties or as may be specified in any lawDefined in section 2(y): law includes any Act of Parliament or of a State Legislature, Ordinances promulgated by the President or a Governor, as the case may be, Regulations made by the President under article 240, Bills enacted as President's Act under sub clause (a) of clause (1) of article 357 of the Constitution and includes rules, regu... for the time being in force and in the absence of such agreement or any lawDefined in section 2(y): law includes any Act of Parliament or of a State Legislature, Ordinances promulgated by the President or a Governor, as the case may be, Regulations made by the President under article 240, Bills enacted as President's Act under sub clause (a) of clause (1) of article 357 of the Constitution and includes rules, regu..., such reasonable security practices and procedures, as may be prescribed by the Central Government in consultation with such professional bodies or associations as it may deem fit;
Section 43A inserted by Information Technology (Amendment) Act, 2008, s. 22, dated 5th February, 2009, with effect from 27 October 2009(iii) "sensitive personal dataDefined in section 2(o): data means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalised manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer ... or informationDefined in section 2(v): information includes 6[data, message, text,] images, sound, voice, codes, computer programmes, software and data bases or micro film or computer generated micro fiche; 7[(w) intermediary, with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits..." means such personal informationDefined in section 2(v): information includes 6[data, message, text,] images, sound, voice, codes, computer programmes, software and data bases or micro film or computer generated micro fiche; 7[(w) intermediary, with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits... as may be prescribed by the Central Government in consultation with such professional bodies or associations as it may deem fit.