Consumer Data Rights and Protection Laws in India

Saptaparni Raha
Jan 15, 2023
2 min read

Written by Saptaparni Raha, Lawyer

Introduction

Australia has its own exclusive consumer data rights-related laws that explain that as a user of the internet, the consumers have the right to permit to share the data or deny it. The Government of Australia introduced consumer data rights in November 2017. A comparable privacy data bill in India continues to get postponed because of different unavoidable situations.

The Right to Privacy is a Fundamental Right

The Honorable Supreme Court of India determined in 2017 that the people of India have a constitutional right to keep their personal information private. Any cookies or personal information that internet users leave behind becomes a national asset.

Personal Data Protection Bill 2019

In Justice KS Puttaswamy's case, the Supreme Court highlighted the issue of privacy as a constitutional right. Consequent to that Ministry of Electronics and Information Technology formed a 10-member committee that presented a report, "A Fair Digital Economy," which was introduced before the Loksabha in 2019.

Policies in Health Industry, Commerce, and Transport

The Central Government initiated the National Digital Health Mission in 2019 with the aid of the Ministry of Health and Family Welfare; to monitor the health data and the framing of policies of all the patients, hospitals, and healthcare bodies.

A new regulation is being implemented in the e-commerce industry that will allow sharing of source codes, algorithms, and other data with the government. As per the regulation, there would be monitoring of the usage of non-personal consumer data, cross-border data, and intellectual property rights (IPRs).

In India, there is a new licensing system for motor vehicle aggregators. Owners of APPs must keep data for a minimum of 3 months and a maximum of 24 months after it is created. For the protection of its residents, the Indian government has the authority to access this data.

Corporate Contracts and Agreements

Section 10A of the IT Act deals with the validity of contracts formed through electronic means.
Section 67C of the IT Act deals with the preservation and retention of information by intermediaries.
Crucial points on modes or methods for encryption are dealt with by Section 84A of the IT Act.
Section 66A is the Penal provision related to sending offensive messages or posts through communication services.
Digital Signature Rules, 2015, is applicable for a digital signature on all contracts.
Every citizen can approach the cyber Appellate Tribunal for all grievances.

Conclusion

The Information Technology Act, 2020, with its amendments, can be an important tool to regulate the various guidelines in the Bill. India has a solid legal foundation on which we can build new laws by dealing with old ones.