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Asian Data Privacy LawsTrade & Human Rights Perspectives$
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Graham Greenleaf

Print publication date: 2014

Print ISBN-13: 9780199679669

Published to Oxford Scholarship Online: December 2014

DOI: 10.1093/acprof:oso/9780199679669.001.0001

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India—Confusion Raj, with Outsourcing

India—Confusion Raj, with Outsourcing

(p.405) 15 India—Confusion Raj, with Outsourcing
Asian Data Privacy Laws

Graham Greenleaf

Oxford University Press

India, the world’s most populous democracy, has failed to develop significant data privacy laws, limiting the human rights protection of its citizens, and impeding its trade with Europe. After surveying the promising but as yet limited constitutional protection of privacy in India this chapter examines in detail the data privacy Rules made under section 43A of the Information Technology Act (IT Act) of 2000. It concludes that these Rules superficially resemble a data protection law, but they have crippling deficiencies and ambiguities. In addition, the enforcement system for the Rules is currently not functioning. However, there is more to the IT Act than section 43A: its Rules, and its other aspects relevant to privacy protection, are discussed. There are at least three current proposals for development of a comprehensive data privacy law for India, and these are outlined, although none have yet obtained clear government approval.

Keywords:   data protection, privacy, Asia, India, SAARC, EU adequacy, s43A Rules

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