Privacy Bill proposes stringent punishment, data authority -Governance Now

Privacy Bill proposes stringent punishment, data authority

Proposes to set up a Data Protection Authority of India to monitor, enforce, receive and investigate complaints about alleged violations of data protection rules

PTI | June 27, 2011

Government is drafting a new law that provides for stringent punishment, including revocation of licences of telecom service providers, for illegally intercepting telephone calls and making their content public.

The Right to Privacy Bill, which is likely to be tabled in the next session of Parliament, also proposes to set up a Data Protection Authority of India (DPAI) to monitor and enforce compliance of all provisions and receive and investigate complaints about alleged violations of data protection rules.

The Bill does not intend sparing government officers and has provisions for tough punishment for the head of any department which indulges in circulating the intercepted data in public.

While illegal snooping or interception can land a person in jail for a period of five years and a fine up to Rs one lakh, people involved in circulation of an intercepted communication or any other personal information shall be punished with a prison term of three years and with a fine up to Rs 50,000.

"Any person who knowingly and wilfully request or obtains any record concerning an individual from any person or officer of the Government or any agency thereof under false pretences shall be punishable with fine which may extend to five lakh rupees," the Bill says.

"In case of violation of condition of licence of the service providers pertaining to maintenance of secrecy and confidentiality of information and unauthorised interception of communication, the service provider (besides the penalty) shall be liable for suspension or revocation of their licences," it says.

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