
Privacy as a concept and its relevance to companies and businesses in India has been gaining focus off late – earlier it used to be the preserve of civil and personal liberty rights of individuals rather than business.
Privacy : A DefinitionWikipedia states that Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively.
Privacy has been often associated with Western Cultures. However, one can no longer afford to take this view as it has become relevant in the Indian Context as well.
Why Privacy in India ?Distinct Cultural shift in India – The Internet & mobile has already become integral to an individual’s day-to-day life in Urban India, especially amongst youngsters, and this is bound to accelerate further as broadband and mobile penetration increases. With this reality, as more and more people get onto the net and start conducting their daily transactions online, networking via social media and communicating via the Internet, their personal data starts surfacing at various places. And hence protecting the sensitive aspects of this data and ensuring its privacy is maintained becomes paramount to all entities in the ecosystem.
To complement the above, both the government and businesses are in the process of digitizing the data they store and use – or have already done so. New initiatives start activities from day 1 with digital data. Naturally, maintaining the privacy of personal data which forms a part of this data comes into picture in the above scenario
Further, the IT/ITES industry caters to global clients – and deals with sensitive data of the customers of their clients. Hence they have to adhere to the privacy guidelines that their clients have to comply with. The industry has been facing many challenges in addressing its clients’ requirements in the absence of a specific privacy law in India
The Legal frontTaking cognizance of the above, as a first step, the government has made provisions for data protection and privacy in its amendment to the Information Technology Act 2000, which is now the IT Act 2008. In addition to this, work has started on the drafting of a separate, overarching Privacy Act too.
In the immediate term, the rules under IT Act 2008 have been formalized and are to be published in THE GAZETTE OF INDIA, EXTRAORDINARY, Part II, Section 3, Sub-section (i). These rules come under Sections 43A and 79 of the IT Act 2008. A copy of the rules is available
hereThe rules, formally known as the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011, deal with specifics of how sensitive data is defined, what are the roles and responsibilities of various entities that collect and store sensitive data, etc.
Some rules that I would like to highlight here are:
Rule 5 (4) Body corporate or any person on its behalf holding sensitive personal data or information shall not retain that information for longer than is required for the purposes for which the information may lawfully be used or is otherwise required under any other law for the time being in force..
Rule 5 (8) Body corporate or any person on its behalf shall keep the information secure as provided in rule 8.
Rule 6 (4) The third party receiving the sensitive personal data or information from body corporate or any person on its behalf under sub-rule (1) shall not disclose it further.
Rule 8 Reasonable Security Practices and Procedures.— (1) A body corporate or a person on its behalf shall be considered to have complied with reasonable security practices and procedures, if they have implemented such security practices and standards and have a comprehensive documented information security programme and information security policies that contain managerial, technical, operational and physical security control measures that are commensurate with the information assets being protected with the nature of business. In the event of an information security breach, the body corporate or a person on its behalf shall be required to demonstrate, as and when called upon to do so by the agency mandated under the law, that they have implemented security control measures as per their documented information security programme and information security policies
Information Rights ManagementConsidering the stringent rules discussed above along with others that corporate and government bodies have to adhere to, they have to look at technologies that can help in complying with the above. Information Rights Management or IRM is one such powerful technology that can help address the challenges thrown up.
Since IRM gives corporates the power to control and manage its data in perpetuity and persistently, it can help them control all sensitive data that they collect, store and process – whether done in-house or outsourced to third parties.
Consider Rule 5(4) stated above – about not retaining information for longer than required. IRM enables the corporate to do exactly this – and further create clear audit trails and evidence of having put this requirement into practice. This ability to “retire” data after it has outlived its necessity in a fool-proof manner is set to becomes a powerful tool in the hands of corporate.
Next, consider Rules 5(8) and 6(4). They require not just the corporate to keep sensitive data secure but also third parties in the eco-system to maintain this secure thread downstream / upstream. Think of the onus on all these corporate bodies to ensure the above. Today, various measures – some technical but mostly procedural – are adopted to ensure this by those corporates who’s nature of business or clients demand it. Now, with almost the entire eco-system of businesses who collect / have access to sensitive data having to do this, think of the challenge that lies ahead.
Here also, IRM can play a very big role. For example, if sensitive data is being given out to a third party service provider for processing, the corporate can not only retain complete control over the data even while it is in the hands of the third party but can also maintain comprehensive evidence of its having done so. This holds true for internal teams as well – teams who are not required to access sensitive data can be prevented from doing so or, if required, be given highly restrictive access accompanied by an evidential audit trail. This enables the corporate to be in command, at all times.
Overall, IRM is a powerful tool to help corporates manage and comply with the stringent rules above. With IRM as one of the tools in its kitty, corporates in India can perhaps breathe a bit easy as they gear up to take on the challenge ahead in complying with the privacy rules of the IT Act 2008.

Guest blog by
Shivangi Nadkarni has been associated with the field of Information Security & Risk Management and Internet Technologies for the last 15 years. A strong proponent of security being a key enabler of business, she has worked in various domains of security including Data Protection & Privacy, Identity & Access Management, Encryption, Digital Signatures & PKI, Application Security and Fraud Management doing consulting, launching & managing products and services and running multiple lines of business. She is currently the Co-Founder & CEO of Arrka e-Security Solutions. She has worked earlier with Wipro Technologies, where she headed their Global Identity & Application Security Practice, and Sify, where she set up and managed India’s first Licensed Certifying Authority (SafeScrypt) in collaboration with VeriSign.”