Skip to main content

Data Safety and Privacy Protection

 Data Safety and Privacy Protection

As the situation now warranty legislation of data protection in India, visitors to any website want reassurances that privacy rights will be respected when they engage in eCommerce. It is part of the confidence-creating role that successful eCommerce businesses have to convey to the consumer. If industry doesn't make sure it's guarding the privacy of the data it collects, it will be the responsibility of the government and it's their obligation to enact legislation. The problem that arises in eCommerce is that the Internet is in itself global. Generally, the actions in regulating by the Indian Govt will have very little impact unless they are part of a larger international setting. The protection of personal data has never been a purely national problem; it was always a global issue. Here we are trying no to not deal with privacy issues relating to internal use by employees, sending personal data or using the employers Internet for personal purposes. It is to focus on issues relating to the collection, storage, accuracy and use of data provided by Net users in the use of the World Wide Web Information that could be collected by Operating Websites and what way it can be Used?

The type of information that could be collected and can be classified as either individually identifiable information or Mass undisclosed information.

Individually Identifiable Information

Individually identifiable information can be defined as information that can be used to identify an individual, that consist of information like name, address, telephone number, credit card number, or email address And other consumer specific information. This information is linked with identifiable information from other sources, or from which other personally identifiable information can easily be found, including, but not limited to, name, address, phone number, fax number, email address, financial profiles, credit card information. And also IP address is associated with Personally Identifiable Information, unless you have affirmatively disclosed this information. The Internet generates an elaborate trail of data every stop a person makes. Pentium III processor identifier chip called Processor Serial Number or PSN, It is a number tied to the individual and used to validate one's identity through a range of interactions with any organization or demographic.


Mass Undisclosed Information

Mass undisclosed information" can be defined as information that: a website or third party on its behalf aggregates and categorizes by established geographical areas, such as postal codes and contains non-consumer specific information created from anonymous transactions for use by merchants in better managing their businesses and conducting mass media advertising.

There is a abundant of technologies that are utilized to collect both Classes of information on consumers. One of these tools are called "Cookies" Which is simply a piece of information [computer code] that is saved on your own Computer or your browser. It contains information as to the personal preferences exhibited when visiting a website. As it is impossible to differentiate between Visitors to a Web site, the server will somehow mark the visitor by storing information on them.

While Cookies themselves are not gathering the data, they are used as tracking devices to help people who are collecting information. Any information gathered is associated with the value they keep in any Cookie. A Cookie cannot read hard drive to find out who they are, or there incomes or place of residence, However, that information could end up in a Cookie if you provided it to a site and that site saved it in a Cookie.


Policies to Protect privacy

Accountability by organizations for information within their possession Limit the collection of the information. Revelation of personal data to the declared purpose except with the consent of the individual. Organization should retain information only as long as necessary. Information in possession of an organization should be accurate and up-to-date Security should be the Priority Organizations collecting should be transparent in their policy and practice Organizations should allow individuals access and the ability to rectify errors.


Fair information practices

Web sites would be required to provide consumers notice of what information they collect and how they use it. Web sites would be required to offer consumers choices as to how that information is to be used beyond the use for which the information was provided. Web sites would be required to offer consumers reasonable access to that information and an opportunity to correct inaccuracies. Web sites would be required to take reasonable steps to protect the security and integrity of that information. Websites that collect personal identifying information from children 12 and under need to provide actual notice to the parent and obtain parental consent as follows.

The agency should issue interpretive rules defining fair information practices with greater specificity, taking into account industry-specific differences.

The purpose is to prevent violations of fundamental human rights such as unlawful storage of personal data, or the abuse or unauthorized disclosure of such data.


Comments

Popular posts from this blog

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B

Case Laws related to Defamation in favour of ClaimantCase Laws related to Defamation in favour of Claimant. TOLLEY Vs, J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement. Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be asked to resign from his respective club. Furthermore, there was evidence that the possible adverse effects of the caricature on the claimant’s reputation were brought to the defendants’ attention. The trial judge found that the caricature could have a defamatory meaning. The jury then found in favor of the claimant. Held The House of Lords held that in the circumstances of this case – as explained by the facts – the caricature was capable of constituting defamation. In other words, the publication could have the meaning alleged by the claimant. The Lords also ordered a new trial limited to the assessment of damages. NEWSTEAD V LANDON EXPRESS NEWSPAPER LTD, (1939) Facts: A newspaper published a defamatory article about Harold Newstead. However, another person with this name brought an action in libel. He claimed that the article had been misunderstood as leading to him. The defendant newspaper recognised that they published the article. Also, they denied that they had the intention of being defamatory of him. Consequently, the claimant argued that the newspaper was under a duty. The duty was to give a clear and complete description of the correct person. Moreover, the claimant argued that the defendants were in breach of the duty. Issues: The issue in Newstead v London Express Newspaper, was if the reasonable persons would have understood the words complained of to refer to the plaintiff. Held: The Court of Appeal stated that in accordance with the current law on libel, liability for libel does not depend on the intention of the defamer; but on the fact of the defamation. Accordingly, a reasonable man, in this case a newspaper publisher, must be aware of the possibility of individuals with the same name and must assume that the words published will be read by a reasonable man with reasonable care.

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be aske

Rules as to delivery of goods

                             Rules as to delivery of goods Section 2(2) of Sale of Goods Act defines ‘delivery’ as a ‘voluntary transfer of possession from one person to another.’ Thus, if the transfer of goods is not voluntary and is taken by theft, by fraud, or by force, then there is no ‘delivery. Moreover, the ‘delivery’ should have the effect of putting the goods in possession of the buyer. The essence of the delivery is a voluntary transfer of possession of goods from one person to another. There is no delivery of goods where they are obtained at pistol point or theft. 1. Mode of Delivery: According to Section 33, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf. Delivery of goods may be actual, symbolic or constructive. 2. Expenses of Delivery: According to Section 36(5), unless otherwise agree