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Thursday, June 30, 2005

Sarbajit Roy : Cyber Law Expert view

Block The Sun’s portal: Complainant demands

[ THURSDAY, JUNE 30, 2005 02:41:43 AM]

NEW DELHI: In an interesting development, a complaint filed under the Information Technology Act, 2000 with Delhi’s IT adjudicating officer Prakash Kumar has called for blocking of The Sun’s website, and involving The Sun’s undercover reporter Oliver Harvey and accused Karan Bahree into the on-going investigation in the BPO scam relating to the data leakage.

Under the Act, each state has a designated adjudicating officer to look into cases relating to the breach of the Act. Delhi’s IT secretary Kumar serves as the adjudicating officer for the Capital. Currently, out of the country, he may take a call whether to entertain the complaint only next week.

According to complainant Sarbajit Roy, an IT consultant, Indian investigating authorities need to have physical possession of the “evidence”, namely the CD containing the leaked data for forensic examination to establish whether the data is actually of “confidential nature”.

His contention is that it is important to establish the nature of the data. “It can very well be confidential data like credit card particulars and mobile phone billing data and addresses which are easily available for a price and used by direct sales agents of banks, telecom companies and credit bureau of banks,” he added.

Roy alleges that the operation by The Sun reporter might have been undertaken with an aim to “defame” India as there are no laws in India concerning data protection and privacy for foreigners.

Meanwhile, an industry-government committee set up by the IT ministry, early this year, is already looking at updating the IT Act and giving more teeth for data protection and security. With the Prime Minister taking active interest in the case, it may well expedite the move to revamp the Act.

trackback : Roy on data protection and privacy


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