Privacy Policy under Cyber Law

A privacy policy is a legal document or a statement in privacy law which shows that for what purpose client’s personal data is being collected and how they are managed and used by the collector. The content of the privacy policy should address the legislation requirement and guidelines across the geographical boundaries. For instance European countries had laid down ‘General Data Protection Regulation ‘, therefore policy statement should qualify all the requirements of that regulation.

Sensitive personal data or information

This is the soul of IT Rule, 2011. This is information that allows identifying a living person, directly or indirectly from the available data. According to Rule 3 these data includes-

  • Password;
  • Financial information
  • Physical and mental health condition;
  • Sexual orientation;
  • Biometric Data

Any information which is freely available or can be accessible in public domain or grow under Right to Information Act, 2005 will be not considered as Sensitive personal data or information.

Privacy policy statement

According to the Rule 4 of the Information Technology Rule, 2011 privacy statements must provide the following[1]

  • Statement of policy should be in easy and clear format.
  • Type of data such as personal, sensitive personal or information collected by any organisation should be mentioned clearly.
  • Statement should be clear with the purpose of the data and also with its usage.
  • Discloser of the collected information.
  • Adopted reasonable security practices and procedures should be clear in the policy statement.

Essential Ingredients of privacy policy

  1. Consent– According to Rule 6 of the IT Rule, 2011, for the discloser of any personal data, sensitive data or information prior permission form the provider is compulsory. It is also important that the provider had provided such information or data under the lawful contract, which is with free consent. It is also mandatory that such discloser will be for the time being in forced as per the privacy policies.
  2. Information transfer– as per provider in Rule 7 of the IT Rule, 2011, transfer of data or information on the behalf of any provided to the third party will only be allowed in case, if it permitted by the provider and is necessary for the performance of lawful contract. After the allowance, depending upon the terms the transfer of can be made within India or in any other country.
  3. Reasonable Security– Rule 8 of the IT Rule, 2011 states that collector of the personal data or information shall be complied with reasonable security practices and procedure. They shall have detailed documentation regarding security program and policies, according to the nature of business. And all the information regarding the security policies should be mentioned in the policy statement during the time of contract between the parties.

Conclusion

With the evolving time the digital population is also increasing and the key issue at the present scenario is data protection and privacy policy. Therefore crafting of privacy policy is mandatory as it is directly proportional to data protection. It not only protects the rights of an individual but also create awareness regarding, sharing of data. These policy statements somewhere plays an important role in building trust between the collector and the provider and because of this there is frequent sharing of personal information and data online.

 

 

Reference-

[1] Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011

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