Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
(iii) Body corporate or any person on its behalf shall not collect sensitive personal data or
information unless (a) the information is collected for a lawful purpose connected with a function or
activity of the body corporate or any person on its behalf; and (b) the collection of the sensitive
personal data or information is considered necessary for that purpose
(iv) The person concerned has the knowledge of (a) the fact that the information is being collected;
(b) the purpose for which the information is being collected; (c) the intended recipients of the
information; and (d) name and address of the agency collecting and retaining the information.
(v) Body corporate or any person on its behalf holding sensitive personal data or information shall
not retain that information for longer than is required for the purposes for which the information
may lawfully be used or is otherwise required under any other law for the time being in force.
(vi) Information collected shall be used for the purpose for which it has been collected.
(vii) Body corporate or any person on its behalf shall, prior to the collection of information,
including sensitive personal data or information, provide an option to the provider of the
information to not to provide the data or information sought to be collected.
(viii) Body corporate shall address any discrepancies and grievances of their provider of the
information with respect to processing of information in a time bound manner.
(ix) Disclosure of sensitive personal data or information by body corporate to any third party shall
require prior permission from the provider of such information, who has provided such information
under lawful contract or otherwise, unless such disclosure has been agreed to in the contract
between the body corporate and provider of information, or where the disclosure is necessary for
compliance of a legal obligation.
(x) A body corporate or a person on its behalf shall comply with reasonable security practices and
procedure i.e. implement such security practices and standards and have a comprehensive
documented information security programme and information security policies that contain
managerial, technical, operational and physical security control measures that are commensurate
with the information assets being protected with the nature of business. In the event of an
information security breach, the body corporate or a person on its behalf shall be required to
demonstrate, as and when called upon to do so by the agency mandated under the law, that they
have implemented security control measures as per their documented information security
programme and information security policies.
The above substantive and procedural safeguards are required for legal collection, storage and use of
biometric information under the IT Act. They indicate the rigour with which such processes need to
be carried out.
Position in other countries:
Indian Kanoon - http://indiankanoon.org/doc/127517806/
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