Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
(ii) "reasonable security practices and procedures" means security practices and
procedures designed to protect such information from unauthorised access, damage,
use, modification, disclosure or impairment, as may be specified in an agreement
between the parties or as may be specified in any law for the time being in force and
in the absence of such agreement or any law, 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;
(iii) "sensitive personal data or information" means such personal information as may be prescribed
by the Central Government in consultation with such professional bodies or associations as it may
deem fit.]
165) Similarly, Section 72A of the IT Act makes intentional disclosure of personal information
obtained under a contract, without consent of the parties concerned and in breach of a lawful
contract, punishable with imprisonment and fine. Rule 2(i) of the Sensitive Personal Data Rules
define "personal information" to mean any information that relates to a natural person, which,
either directly or indirectly, in combination with other information available or likely to be available
with a body corporate, is capable of identifying such person. Thus, biometrics will form a part of
personal information. The Section reads as under72A. Punishment for disclosure of information in breach of lawful contract - Save as
otherwise provided in this Act or any other law for the time being in force, any person
including an intermediary who, while providing services under the terms of lawful
contract, has secured access to any material containing personal information about
another person, with the intent to cause or knowing that he is likely to cause wrongful
loss or wrongful gain discloses, without the consent of the person concerned, or in
breach of a lawful contract, such material to any other person, shall be punished with
imprisonment for a term which may extend to three years, or with fine which may
extend to five lakh rupees, or with both.
166) The Sensitive Personal Data Rules provide for additional requirements on
commercial and business entities (body corporates as defined under Section 43A of
the IT Act) relating to the collection and disclosure of sensitive personal data
(including biometric information). The crucial requirements, which are indicative of
the principles for data protection that India adheres to, inter alia include:
(i) The body corporate or any person who on behalf of body corporate collects, receives, possesses,
stores, deals or handle information of provider of information, shall provide a privacy policy for
handling of or dealing in personal information including sensitive personal data or information and
ensure that the same are available for view.
(ii) Body corporate or any person on its behalf shall obtain consent in writing from the provider of
the sensitive personal data or information regarding purpose of usage before collection of such
information.
Indian Kanoon - http://indiankanoon.org/doc/127517806/
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