India - Data Privacy, Data Protection & Human Rights Report, 2018

India - Data Privacy, Data Protection & Human Rights Report, 2018

Report Description

The importance of privacy and data protection across the world is being recognised after so many data breaches that has affected and impacted everyone across the globe. Privacy is amorphous and vague with several connotations but with no exact meaning.  There are various conceptions of privacy with philosophical and juridical histories. The evolution of Privacy in India is somewhat based of several theories that can be applied in today’s technological era.

India- Data Privacy, Data Protection & Human Rights Report, 2018 includes an in-depth analysis of all the current legal frameworks, policy and latest evolution of laws in India with respect to data protection, privacy, and the Internet. India doesn’t have a specific law that deals with data privacy but through various other laws and judgement India has recognised the importance of Privacy. The report has mentioned and explained in detail the Aadhar scheme and the laws related to it. There are various perils of the Aadhar scheme that are explained in the report in detail.

The risks and challenges that comes up with various technological innovations are inevitable. As the adaptability of new innovations are increasing, the threats associated with them are also growing. Technology will always be one step ahead of the law makers and regulations are necessary to keep check on various illegal activities that are happening on the Internet and are also affecting not only individuals, but also businesses and governments.

The report explains the importance of integration among societal, legal and economic aspects of this information age. Along with that it has also explained, that governmental norms and policies play a major role to keep a check on discrepancies like Privacy breaches that occur due to technological upgradation.  

There have been many data breaches in India lately and with the help of a case study, the report has explained its repercussions. The lack of data privacy laws in India is one of the main reasons of these increasing data breaches. The report has also mentioned and analysed a landmark case law which has recognised the importance and relevance of right to privacy in this digital epoch.

The complications and glitches that are related to security in the online world is not only growing with a fast pace but also becoming more and more acute even after so many efforts which have been made to improve the cybersecurity system.

The report includes all the crucial and important aspects of data privacy and protection in India and how the legal frameworks have evolved with time and changing scenarios of innovative technologies.

Direct and Indirect losses reach up to 1.6 trillion USD due to data breach in 2017

Table of

Contents

Table of Contents

  1. India Privacy Perception Index
  2. India Technology Landscape
  3. Transformation – More Governance & less Government  
  4. Tipping Point – Biometrics, Identities & access to data
  5. International laws on Data Privacy applicable to India
    1. Universal Declaration of Human Rights,1948
    2. UN guidelines for the regulation of Computerized Personal data files (1990)
    3. International Covenant on Civil and Political Rights, 1966 (ICCPR)
  6. India Legal & Regulatory Framework
    1. Indian Penal Code, 1860
    2. Draft Right to Privacy bill, 2013
    3. Information Technology Act 2000
    4. The Data (Privacy and Protection) Bill, 2017
    5. Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011.
    6. Information Technology (Intermediaries guidelines) Rules, 2011.
    7. Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009.
    8. IT Security Guidelines
    9. Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016.
    10. Aadhar Regulations
  7. Issues Analysed
    1. Data Privacy
    2. Data Protection
    3. Data Transfer
    4. Disclosure of Information
    5. Surveillance
    6. Liabilities
      1. Primary Liability
        1. Data Controller
        2. Data Processing
        3. Data Storage
        4. Data Transfer
        5. Consent & Notification
      2.  Secondary liability
        1. ISP liability
        2. Third Party Liability
  8. Compliances & Agreements

List of

Graphs

List of Graphs

  1. Average Distribution of Cyber Attacks by Type of Industry (Percentage), 2005-2017
  2. Number of Data Records lost by Tech Giants (Million), Up to 2017
  3. Number of compromised data records in selected data breaches (Million), up to 2017
  4. Top 10 Countries with Highest Privacy Score, 2017
  5. Number of Internet Users in Developed and Developing nations (Billion), 2007-2017
  6. Volume of Data Produced Every Day (Million GB), 1992-2017
  7. Number of Data Records lost in Web Based Industry (Million), 2004-2017
  8. Type of Secondary information Fetch by Apps to Track Behaviour (Percentage), 2017
  9. Type of Primary Information Fetch by Apps to Track Behaviour (Percentage), 2017
  10. Type of App Permissions that can access the User Information(Percentage), 2017
  11. Number of Data Records Stolen by Apps (Million), 2017
  12. Top 15 Vulnerable Apps by Number of Permissions required, 2017
  13. Share of businesses having deployed or deploying an enterprise-wide encryption strategy(Percentage), 2005-2015
  14. Share of Consumer Data Traffic per Month (GB Million), 2017
  15. Number Data Breach and Number of Data Record Stolen(Billion), 2012-2017
  16. Total Data Record Stolen from Government Organizations (Million), 2006-2016
  17. Government Data Breaches where more than 1 Million data records have stolen (Million), 2006-2017
  18. Share of Cases Registered Under Cyber -IT Act of India(Percentage), 2016
  19. Number of Cases Registered under Cyber Crime by Category(India), 2017
  20. Number of Blocking Incidence of Social media URLs in India, 2014-2017
  21. Number of Cases of Cheating using computer as a medium of target to harm financial sector in India, 2013-2015
  22. Budget Allocated by Government to Tackle Cyber Crime in India (Rs Crore), 2014-2017
  23. Increasing rate of Cyber Crime in India, 2008-2016
  24. Budget Allocated to Aadhar Scheme by Function in India(Percentage), 2017
  25. Number of Aadhar Enrolment Agencies by State in India, 2017
  26. Number of cases related to Aadhar Fraud in India, 2017
  27. Amount involved in Aadhar Fraud in India( lakh Rupees), 2017
  28. Number of Ashley Medison Users by City in India(Thousand), 2017
  29. List of Companies which has lost more than 100 Million data records in Breaches(Million), 2017
  30. List of Telecom Companies that has lost more than 1 Million data records Globally(Million), 2017
  31. Number of Data Record Lost by Year in Telecom Sector (Million), 2006-2017
  32. Number of Connected Devices Globally (Billion), 2012-2020

Country Analysed

India

A Complete Analysis of Indian Economy 

Laws

Analysed

International, National and Regional Laws

International Laws

  1. Universal Declaration of Human Rights,1948
  2. UN guidelines for the regulation of Computerized Personal data files (1990)
  3. international Covenant on Civil and Political Rights, 1966 (ICCPR)

India    

  1. Indian Penal Code, 1860
  2. Draft Right to Privacy bill, 2013
  3. Information Technology Act 2000
  4. The Data (Privacy and Protection) Bill, 2017
  5. Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011.
  6. Information Technology (Intermediaries guidelines) Rules, 2011.
  7. Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009.
  8. IT Security Guidelines
  9. Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016.
  10. Aadhar Regulations
International, National and Regional Laws

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