NEWS

Every organization should start preparing for cloud computing and Digital Personal Data Protection

By VARINDIA - 2023-05-03

Advocate (Dr.) Prashant Mali, Cybercrime & Privacy Lawyer- Bombay High Court

"In IT act we have three sections, about which you should primarily bother. One is section 72 which talks about data breach and privacy. Second is section 80, which permits police to enter your premises and search and seizure work. Under Section 80 they have the power to seize all electronic items like mobile phones, iPads, laptops, and when it comes to cloud computing or data centers they try to confiscate all your blade servers or hard disks out of those servers or the storage devices. In some cases, they have sealed the whole data center and then taken the backup from experts, and then will send it to the forensics. Section 80 gives unlimited power to Police. The next is 43A, which is about compensation for failure to protect data. If section 43A hits you then the fine can reach crores of rupees.

Apart from this, you all should start preparation for cloud computing and Digital Personal Data Protection (DPDP). The new Data Privacy Bill does not have any criminal liability. In DPDP the compensation will depend on the data protection board which contains only Govt employees but no judge. You can apply negotiation tactics in the DPDP boards. A new set of skills needs to be developed to be compliant with DPDP.”