OneDrivezLegal Disclosures

The Information Technology (IT) Act, 2000 is India’s primary law dealing with cybercrime and electronic commerce.

  • Legal recognition of electronic transactions
  • Cybercrime definitions and penalties
  • Government powers to monitor and intercept information (Section 69)
  • Protection for intermediaries under Section 79
  • Cyber terrorism punishable under Section 66F
IT Amendment Act, 2008:
  • Expanded cybercrime definitions (hacking, phishing, identity theft, cyber terrorism)
  • Increased penalties for offenses
  • Stronger government surveillance powers

The PDPB was introduced to regulate personal data protection in India.

  • Defines "Personal Data" and "Sensitive Personal Data"
  • Data Protection Authority (DPA) established for oversight
  • Requires companies to obtain consent before collecting data
  • Provides individuals the right to access and correct their data

The DPDP Act of 2023 replaced the PDPB and governs the protection of personal data in India.

  • Companies must store Indian users’ data in India
  • Stronger penalties for data breaches
  • Gives individuals the right to delete and access their data
  • Companies must appoint a Data Protection Officer (DPO)

The RTI Act empowers citizens to seek information from government authorities.

  • Applies to all public authorities in India
  • Ensures transparency in governance
  • Government must respond within 30 days
  • Citizens can file RTI requests for any government-held information

The IPC covers various cybercrimes under different sections.

  • Section 419: Punishment for identity fraud
  • Section 420: Cheating and financial fraud
  • Section 500: Defamation via electronic communication
  • Section 504: Intentional insult to provoke breach of peace

The Clarifying Lawful Overseas Use of Data (CLOUD) Act allows U.S. law enforcement to access data stored by U.S.-based technology companies, even if the data is stored outside the U.S.

  • International Data Access: U.S. agencies can request data from tech firms.
  • Cross-border Agreements: Allows other countries to request data from U.S. firms.
  • Privacy Concerns: Raises debates about user data security.