Encrypt Electronic signature Form Mobile
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Encrypt Electronic signature Form Mobile. Investigate probably the most consumer-friendly experience with airSlate SignNow. Handle your whole papers digesting and revealing process digitally. Move from hand held, pieces of paper-centered and erroneous workflows to computerized, digital and perfect. You can actually create, produce and signal any files on any gadget just about anywhere. Make sure that your crucial enterprise circumstances don't move over the top.
Discover how to Encrypt Electronic signature Form Mobile. Follow the basic manual to begin:
- Create your airSlate SignNow account in mouse clicks or log on along with your Facebook or Google accounts.
- Benefit from the 30-working day free trial offer or select a costs strategy that's perfect for you.
- Locate any legal template, build online fillable forms and share them safely.
- Use advanced functions to Encrypt Electronic signature Form Mobile.
- Signal, personalize signing order and acquire in-particular person signatures ten times speedier.
- Set automated reminders and receive notifications at every move.
Shifting your activities into airSlate SignNow is straightforward. What practices is an easy procedure to Encrypt Electronic signature Form Mobile, together with tips to keep your peers and partners for far better cooperation. Empower the employees with the best equipment to be on top of organization functions. Enhance output and scale your organization speedier.
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FAQs
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What is the difference between a digital signature and an electronic signature in your professional opinion?
Both terms - “electronic signature” and “digital signature” - are often used interchangeably, they aren’t exactly the same. Electronic signatures could be considered virtual representations of a pen-and-paper (“wet”) signatures. Digital signatures, also called cryptographic signatures, are a type of electronic signature that’s coded and encrypted in order to prevent the impersonation of a signee, tampering, and improve security overall.The main difference is that a digital signature is mainly used to secure documents and is authorized by certification authorities while an electronic signature (e-signature, e-sign) is usually associated with a contract where the signer has got the intention to do so: Difference Between Digital Signature and Electronic SignatureE-signature helps an individual to show his agreement to the conditions and terms of an electronic service. It can also be used to confirm the identity of the message's creator. Many countries give the same legal importance and significance to e-signatures as to traditional ways of executing documents. Here are the features of some most popular tools in this area: Best E-Signature Software Reviews & Comparisons | 2019 List of Expert's ChoicesWith electronic signature tools you avoid signing digital documents by hand - which is tedious cause otherwise you need to print, sign and scan all that stuff - that’s why such tools are on the rise. If you work with such signatures often, maybe you need some simple free tool which is specialized exactly for your business tasks. It really depends on the purpose for which you need this to sign an already typed document - it is often better to use a specialized tool, like Draw Your Signature Online and Sign PDF - CreateMySignature.com (instead of a regular image editor) to streamline your business documents workflow.
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In business process management, what are the best available tools for workflow automation?
Below given are some of the best workflow automation tools in the market:KiSSFLOW:Pros:48+ pre-built business applicationsNo coding requiredSimple and intuitive user interfaceAutomation can be done in 15 minutesDrag-and-Drop form designerRole-based access control to protect sensitive data (Field-level permission)Powerful administrator features like access to process history, form customization and so on.Process performance metrics and advanced analytics to measure and improve the efficiency of the process.Easy integration with Google Apps, SAP, Quickbooks and other softwares that you already useAnother noteworthy advantage is that the pricing is just $9/user/month, for unlimited storage and unlimited business applications. No fee for basic customization.Cons:No gantt chartNo collaboration without integrationPipefy:Pros:Simple and intuitive platform to useGives a good overview of tasksThe basic edition is affordableGreat choice for task managementCons:No workflowsFocuses more on “tasks” rather than “processes”Limitation in terms of the number of automation rulesThe basic edition lacks important features like Two-factor authentication, Google Apps authentication, Data recovery and Organization level reporting. Hence, you’ll be forced to upgrade your plan, which becomes expensivePipefy restricts customer support channels based on the plan you chooseNintexPros:Drag-and-Drop interfaceSimple layoutIntegrates perfectly with SharePointGreat choice for Office 365 usersCloud and On-premise deploymentCons:Pricing is absolutely a great disadvantage in Nintex. It starts with $625/month, BUT never stops there. There are a lot of hidden costsForm edits and customizations incur huge costsLimitation in terms of number of automation and number of formsOnly 3 pre-built templates. Most applications have to be built from scratch.Very limited admin featuresThe standard edition lacks a lot of important features and functionalitiesScalability is a problem. Nintex does not scale well for large projects.If you’re a SMB or a mid-sized company and if you’re looking for a simple no-code platform at a very affordable pricing, you must go for KiSSFLOW ($9/user/month).
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What is the best alternative to SignNow?
In a world of mobile app and the internet, why are you still collecting signatures on paper? Chasing people for signatures is slow and paper can get lost. SignNow lets you collect signatures and forms quickly and easily from any device. Use of esign app for electronic signatures is 100% safe and legal.There are 2 best alternatives to SignNow -eSignly - eSignly is an electronic signature solution that makes signing simple and fast. You only need to follow 3 steps and you are done -Choose DocumentAdd the name of all the people involved.Drag your signature and drop it where you need and click send.Features provided by eSingly are -In-person signing - Use an electronic signature app on your iPad to take the signatures.Security - All the electronic documents are protected by SSL encryption.Status Notifications - are sent when the document is reviewed.Audit Trail - Record of each party like name, address, IP address is maintained according to the date and time of the activity occurred.Instant verification is done by eSingly to validate the document.It supports all the devices such as Android, MAC, Windows, Linux, Mobile app, windows phone, etc.It works with applications like Dropbox, OneDrive, EverNote, Google Drive, etc.signNow - signNow Basic is the e-signature solution that allows you to easily sign a full range of documents and forms online without installation of any software. it also provides the digital signature app.Key Features of signNow are -It is secure and completely reliable.It offers 24/7 document control.To brand your user’s experience you can add your logo and color palette.Offers services to small, medium and large size enterprises.It also provides the mobile Signature feature.
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Is mandatory DSC for proprietor ship in GST?
Hi,GST Application for registration is filed online or digitally. So the Proprietor or Partner or Director need to sign the application digitally as well.Government has provided 2 ways to sign application digitally.EVC: AADHAR BasedDSC based.AADHAR Based Signing:Not Available to Companies and LLPsMobile No of Proprietor or Partner must be linked to AADHAR.If Mobile No is mentioned on AADHAR Card then it is linked to a person's mobile no.At the time of registration OTP is sent to a person's mobile no which is linked to AADHAR on successful validation.If mobile no. is not mentioned on AADHAR then Proprietor or Partner will be required to complete the registration with the use of DSC.2. DSC Based Signing:DSC is compulsory In case of Companies or LLPs.If AADHAR is not linked to mobile no of Proprietor or Partner then he is also required to get a DSCCONCLUSION:If Proprietor's AADHAR is linked to mobile no then he does not need DSC.If Proprietor's AADHAR is not linked to his mobile no then he needs DSC.Hope the answer was helpful!Thanks.CS Priyal Pathakwww.cspriyal.com
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Which is the best which software for efficient process management?
You should be looking for a tool that is easy to adopt and incorporate to your workflow. Depending on your style of organisation some tools will work easier to adopt than others.The one I think is easiest to adopt is Azendoo - The work management platform for your team.This app helps you to stay up to date with all the tasks and work from all your team members, is an app that is focused on project and task management but with a collaborative approach, meaning that exchanging information, files and data is super easy and effective.The personalised feed where you can see all the updates of the subjects that concerns YOU has a facebook style, so just by scrolling down you will see all the information from all the projects, teams or clients that concern you.Key Features:Azendoo helps you in effective project planning via the following features:Task managementTask Assignment including public tasksCommenting on tasksTask views as Lists, Boards or CalendarsPersonal tasks listsConvert Email into tasksProject and task templatesReport customizationTeam and personalized discussionsApprovals and pollsNotifications and remindersGoal priorities and permissionsTime TrackingAnalytics
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What are the applications of a digital signature?
AuthenticationAlthough messages may often include information about the entity sending a message, that information may not be accurate. Digital signatures can be used to authenticate the source of messages. When ownership of a digital signature secret key is bound to a specific user, a valid signature shows that the message was sent by that user. The importance of high confidence in sender authenticity is especially obvious in a financial context. For example, suppose a bank's branch office sends instructions to the central office requesting a change in the balance of an account. If the central office is not convinced that such a message is truly sent from an authorized source, acting on such a request could be a grave mistake.IntegrityIn many scenarios, the sender and receiver of a message may have a need for confidence that the message has not been altered during transmission. Although encryption hides the contents of a message, it may be possible to change an encrypted message without understanding it. (Some encryption algorithms, known as nonmalleable ones, prevent this, but others do not.) However, if a message is digitally signed, any change in the message after signature invalidates the signature. Furthermore, there is no efficient way to modify a message and its signature to produce a new message with a valid signature, because this is still considered to be computationally infeasible by most cryptographic hash functions (see collision resistance).Non-repudiationNon-repudiation, or more specifically non-repudiation of origin, is an important aspect of digital signatures. By this property, an entity that has signed some information cannot at a later time deny having signed it. Similarly, access to the public key only does not enable a fraudulent party to fake a valid signature.
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Did innovation at Apple die with Steve Jobs?
Not necessarily…but let me explain.Let’s take a look at some products Apple launched after Steve Job’s death in 2011.iPhones:• 4s (Siri introduced)• 5 (4-inch display for the first time!!!)• 5s (Touch ID)• 6/6+ (bigger screens!)• 6s/6s+ (3D Touch)• 7/7+ (water and resistance!)• X (Face ID, near bezel-less design, OLED display)I know the 5c (plastic iPhone 5) and 8/8+ (glassed 7/7+) didn’t live up to the hype but instead were alternatives to the flagship models at the time.iOS:• 7 (made the entire industry wild with new modern flat design)• iOS 8–11 (gradually improved and made the ecosystem more powerful than ever)Apple deliberately slowing down devices is a shame but at least they made a public statement. Oh yeah Apple Maps…iPads:• Mini (what? A smaller iPad??? Cheaper!)• Retina/Air/Air 2 (Slimer, lighter, yet amazing screens)• Pro (Apple pencil enabled to help artists and engineers sketch on an Apple device…shots fired at Microsoft)MacBooks:• Retina (contents actually looks better!)• 12-inch model (USB-C!)• TouchBar (I can scroll to find emojis and switch between tabs faster, not to mention more accuracy with FinalCut Pro)Unfortunately to get the best experience you need to shell out your wallet for dongles…Others:• Apple Watch (flashy accessory that could monitor workout and health)• Apple Music (not as great as Spotify but a damn good alternative)• AirPods (damn, the best wireless earbuds in the market and syncs with your device in less than 3 seconds???)• HomePod (home speakers???? Let’s wait and see)I can go on but you get the point.My point is that the world in 2011 obviously isn’t like 2018. The things Apple got right with Steve Jobs was a matter of perfect timing. Sure, the original iPhone and iPad did surprise the hell out of me.But you know what?So did the iPhone 5, Retina MacBook Pro, and Apple Watch.Apple is a different company without Steve Jobs, I’m pretty sure everyone knows this but losing innovation?Nope! Just because Apple isn’t releasing a new product every two years doesn’t mean they lost innovation.Their focus is to create and improve existing products that we (consumers) would stand in line for hours to buy, knowing full well that a better product will be release in the following year.Apple isn’t a perfect company. Not all companies are perfect, even with Steve Jobs running the company. But they sure as hell know how to make products.Go ahead and switch to a PC, I guarantee that you will be bombarded with random software updates that is Windows 10. Not to hate on PC but it’s a different ecosystem unlike MacOS.Call me a fanboy or whatever but you can’t deny that when an Apple product sells out for months, it’s not because Apple stopped innovating. It’s because they did something that excited the consumer to buy their products like hot cakes.Who knows, maybe if Steve Jobs was alive we might not get the current products we have today or better yet, we could still be using iPhones with 3.5-inch screens and a skeuomorphic-designed iOS in 2018.Apple is a new and brighter company now with Tim Cook, valued close to a trillion dollars. If Apple stopped innovating, then they sure as hell would have disappeared all time ago.If one thing is for sure, their marketing and viral campaigns has evolved tremendously since 2011 and in my opinion is the most innovative thing about Apple year after year.TL;DR: NOPE! Apple is still Apple!
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What are the laws - Data Protection, Data Transmission and Export and Data Encryption in India to operate a technology platform
The Information Technology Act, 2000 came into force on 17.10.2000 vide G.S.R No. 788(E) dated 17.10.2000 and for the first time, a legal definition of “Computer”, “Data”, “electronic record”, “Information” et al were provided. The said Act gave a legal recognition to the electronic records and digital signatures and in Chapter IX thereof provided for penalty and adjudication. Section 43 of the Act interalia provided that in case of unauthorised access, download or copying or damage to data etc, the person responsible shall be liable to pay damages by way of compensation not exceeding one crore rupees to the person affected.Apart from civil liability provided under Section 43, Chapter XI (Sections 63 to 78) of the Act of 2000 provided for criminal liability in cases of Tampering, Hacking, publishing or transmitting obscene material, misrepresentation etc. Apart from the same, Section 72 of the Act provided for penalty in case of bsignNow of confidentiality and privacy and laid that in case any person who has secured access to any electronic record, Data or information, discloses the same to any other person without obtaining the consent of the person concerned, he shall be punished with imprisonment upto two years or with fine upto Rupees one lakh or with both.However, the provisions of the Information Technology Act, 2000 were not adequate and the need for more stringent data protection measures were felt, the Information Technology (Amendment) Act, 2008 was enacted which came into force on 27.10.2009. The said Amendment Act brought in the concepts like cyber security in the statute book and widened the scope of digital signatures by replacing the words “electronic signature”. The amendment act also provided for secure electronic signatures and enjoined the central government to prescribe security procedures and practices for securing electronic records and signatures (Sections 15-16) The amendment Act also removed the cap of Rupees One Crore as earlier provided under Section 43 for damage to computer and computer systems and for unauthorised downloading/ copying of data. The said Amendment Act also introduced Section 43A which provides for compensation to be paid in case a body corporate fails to protect the data. Section 46 of the Act prescribes that the person affected has to approach the adjudicating officer appointed under Section 46 of the Act in case the claim for injury or damage does not exceed Rupees Five crores and the civil court in case, the claim exceeds Rupees Five crores. The amendment act also brought/ introduced several new provisions which provide for offenses such as identity theft, receiving stolen computer resource/ device, cheating, violation of privacy, cyber terrorism, pornography (Section 66A-F & 67A-C). The amendment act also brought in provisions directing intermediaries to protect the data/information and penalty has been prescribed for disclosure of information of information in bsignNow of lawful contract (Section 72A)With the enactment of the Amendment Act of 2008, India for the first time got statutory provisions dealing with data protection. However, as the ingredients of “sensitive personal data and information” as well as the “reasonable security practices and procedures” were yet to be prescribed by the Central Government, the Ministry of Communications and Information Technology vide Notification No. GSR 313 (E) dated 11th April 2011 made the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information ) Rules, 2011 (the said rules). Rule 3 of the said rules defines personal sensitive data or information and provides that the same may include information relating to password, financial information such as bank account or credit card details, health condition, medical records etc. Rule 4 enjoins every body corporate which receives or deals with information to provide a privacy policy. Rule 5 prescribes that every body corporate shall obtain consent in writing from the provider of the sensitive information regarding purpose of usage before collection of such information and such body corporate will not collect such information unless it is collected for a lawful purpose connected with the function or activity of such body corporate and collection of such information or data is necessary and once such data is collected, it shall not be retained for a period longer than what is required. Rule 6 provides that disclosure of the information to any third party shall require prior permission from the provider unless such disclosure has been agreed to in the contract between the body corporate and the provider or where the disclosure is necessary for compliance of a legal obligation. The Body corporate has been barred to publish sensitive information and the third parties receiving such information have been barred to disclose it further. Rule 7 lays down that the body corporate may transfer such information to any other body corporate or person in India or outside, that ensure the same level of data protection and such transfer will be allowed only if it is necessary for performance of lawful contract between the body corporate and provider of information or where the provider has consented for data transfer. Rule 8 of the said rules further provide reasonable security practises and procedures and lays down that international standard IS/ISO/IEC 27001 on “Information Technology- Security Techniques- Information Security Management System- requirements “ would be one such standard.The Ministry of Communication and Information Technology further issued a press note dated 24th August 2011 and clarified that the said rules are applicable to the body corporate or any person located within India. The press note further provides that any body corporate providing services relating to collection or handling of sensitive personal data or information under contractual obligation with any other legal entity located within India or outside is not subject to requirements of Rules 5 &6 as mentioned hereinabove. A body corporate providing services to the provider of information under a contractual obligation directly with them however has to comply with Rules 5 &6. The said press note also clarifies that privacy policy mentioned in Rule 4 relates to the body corporate and is not with respect to any particular obligation under the contract. The press note at the end provides that the consent mentioned in Rule 5 includes consent given by any mode of electronic communication.Data Protection relates to issues relating to the collection, storage, accuracy and use of data provided by net users in the use of the World Wide Web. Visitors to any website want their privacy rights to be respected when they engage in e-Commerce. It is part of the confidence-creating role that successful e-Commerce 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.Any transaction between two or more parties involves an exchange of essential information between the parties. Technological developments have enabled transactions by electronic means. Any such information/data collected by the parties should be used only for the specific purposes for which they were collected. The need arose, to create rights for those who have their data stored and create responsibilities for those who collect, store and process such data. The law relating to the creation of such rights and responsibilities may be referred to as ‘data protection’ law.The world’s first computer specific statute was enacted in the form of a Data Protection Act, in the German state of Hesse, in 1970.The misuse of records under the Nazi regime had raised concerns among the public about the use of computers to store and process large amounts of personal data.The Data Protection Act sought to heal such memories of misuse of information. A different rationale for the introduction of data protection legislation can be seen in the case of Sweden which introduced the first national statute in 1973.Here, data protection was seen as fitting naturally into a two hundred year old system of freedom of information with the concept of subject access (such a right allows an individual to find out what information is held about him) being identified as one of the most important aspects of the legislation.In 1995, the European Union adopted its Directive (95/46/EC) of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter, the Directive), establishing a detailed privacy regulatory structure. The Directive is specific on the requirements for the transfer of data. It sets down the principles regarding the transfer of data to third countries and states that personal data of EU nationals cannot be sent to countries that do not meet the EU “adequacy” standards with respect to privacy.In order to meet the EU “adequacy” standards, US developed a ‘Safe Harbour’ framework, according to which the US Department of Commerce would maintain a list of US companies that have self-certified to the safe harbor framework. An EU organization can ensure that it is sending information to a U.S. organization participating in the safe harbor by viewing the public list of safe harbor organizations posted on the official website.Data protection has emerged as an important reaction to the development of information technology. In India data protection is covered under the Information Technology Act, 2000 (hereinafter, the Act). The Act defines ‘data’ as, “‘data’ means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalized manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer printouts magnetic or optical storage media, punched cards, punched tapes) or stored internally in the memory of the computer”. Protection of such data and privacy are covered under specific provisions in the Act. In the recent past, the need for data protection laws has been felt to cater to various needs. The following analyses the position of data protection law with respect to some of the needs.Data Protection Law In Respect of Information Technology Enabled Services (ITES)India started liberalizing its economy in the 1990’s and since then a huge upsurge in the IT business process outsourcing may be witnessed. Financial, educational, legal, marketing, healthcare, telecommunication, banking etc are only some of the services being outsourced into India. This upsurge of outsourcing of ITES into India in the recent past may be attributed to the large English-speaking unemployed populace, cheap labour, enterprising and hardworking nature of the people etc. Statistics have shown that the outsourcing industry is one of the biggest sources of employment. In a span of four years, the number of people working in call centers in the country supporting international industries has risen from 42,000 to 3,50,000. Exports were worth $5.2 billion in 2004-2005 and are expected to grow over 40% this fiscal year. US is currently the biggest investor in Indian ITES, taking advantage of cheap labour costs. Statistics indicate that software engineers with two-years experience in India are being paid about 1/5th of an equivalent US employee.Concerns about adequacy of lawBPO FraudsWith globalization and increasing BPO industry in India, protection of data warrants legislation. There are reasons for this. Every individual consumer of the BPO Industry would expect different levels of privacy from the employees who handle personal data. But there have been situations in the recent past where employees or systems have given away the personal information of customers to third parties without prior consent. So other countries providing BPO business to India expect the Indian government and BPO organizations to take measures for data protection. Countries with data protection law have guidelines that call for data protection law in the country with whom they are transacting.For instance, in, the European Union countries according to the latest guidelines, they will cease to part with data, which are considered the subject matter of protection to any third country unless such other country has a similar law on data protection. One of the essential features of any data protection law would be to prevent the flow of data to non-complying countries and such a provision when implemented may result in a loss of "Data Processing" business to some of the Indian companies.In the recent past, concerns have been raised both within the country as well as by customers abroad regarding the adequacy of data protection and privacy laws in the country. A few incidents have questioned the Indian data protection and privacy standards and have left the outsourcing industry embarrassed. In June 2005, ‘The Sun’ newspaper claimed that one of its journalists bought personal details including passwords, addresses and passport data from a Delhi IT worker for £4.25 each. Earlier BPO frauds in India include New York-based Citibank accounts being looted from a BPO in Pune and a call-center employee in Bangalore peddling credit card information to fraudsters who stole US$398,000 from British bank accounts.UK's Channel 4 TV station ran broadcast footage of a sting operation exposing middlemen hawking the financial data of 200,000 UK citizens. The documentary has prompted Britain's Information Commissioner's Office to examine the security of personal financial data at Indian call centers.In the absence of data protection laws, the kind of work that would be outsourced to India in the future would be limited. The effect of this can be very well seen in the health-care BPO business, which is estimated to be worth close to $45 billion. Lack of data protection laws have left Indian BPO outfits still stagnating in the lower end of the value chain, doing work like billing, insurance claims processing and of course transcription. Besides healthcare, players in the retail financial sector are also affected. Financial offshoring from banks is limited because of statutory compliance requirements and data privacy laws protecting sensitive financial information in accounts. In the Human Resource (HR) domain, there are many restrictions on sharing of personal information. In the medical domain, patient history needs to be protected. In credit card transactions, identity theft could be an issue and needs to be protected. Companies in the banking, financial services and insurance (BFSI) sector and healthcare have excluded applications/processes which use sensitive information from their portfolio for offshoring till they are comfortable about the data protection laws prevalent in the supplier country.Since there is lack of data protection laws in India, Indian BPO outfits are trying to deal with the issue by attempting to adhere to major US and European regulations. MNCs have to comply with foreign Regulations so that they don’t lose on their international partners. There are problems involved in this. Efforts by individual companies may not count for much if companies rule out India as a BPO destination in the first place in the absence of data protection law.Today, the largest portion of BPO work coming to India is low-end call centre and data processing work. If India has to exploit the full potential of the outsourcing opportunity, then we have to move up the value chain. Outsourced work in Intellectual Property Rights (IPR)-intensive areas such as clinical research, engineering design and legal research is the way ahead for Indian BPO companies. The move up the value chain cannot happen without stringent laws. Further, weak laws would act as deterrents for FDI, global business and the establishment of research and development parks in the pharmaceutical industry.Looking to the above scenario, we can say that for India to achieve heights in BPO industry stringent laws for data protection and intellectual property rights have to be made. . Thus, a law on data protection on India must address the following Constitutional issues on a "priority basis" before any statutory enactment procedure is set into motion:(1) Privacy rights of interested persons in real space and cyber space.(2) Mandates of freedom of information U/A 19 (1) (a).(3) Mandates of right to know of people at large U/A 21.Once the data protection rules are enforced in India, companies outsourcing to India are unlikely to dismantle the systems they have in place straightaway, and move data more freely to India. Hence ,the need for data protection laws would win over the confidence of international business partners; protect abuse of information; protection of privacy and personal rights of individuals would be ensured; there would be more FDI inflows, global business and the establishment of research and development parks in the pharmaceutical industry & impetus to the sector of e-Commerce at national and international levels would be provided.Data protection law in India (Present status):-Data Protection law in India is included in the Act under specific provisions. Both civil and criminal liabilities are imposed for violation of data protection.(1) Section 43 deals with penalties for damage to computer, computer system etc.(2) Section 65 deals with tampering with computer source documents.(3) Section 66 deals with hacking with computer system.(4) Section 72 deals with penalty for bsignNow of confidentiality and privacy. Call centers can be included in the definition of ‘intermediary’and a ‘network service provider’ and can be penalized under this section.These developments have put the Indian government under pressure to enact more stringent data protection laws in the country in order to protect the lucrative Indian outsourcing industry. In order to use IT as a tool for socio-economic development, employment generation and to consolidate India’s position as a major player in the IT sector,amendments to the IT Act, 2000 have been approved by the cabinet and are due to be tabled in the winter session of the Parliament.Proposed amendments:-The amendments relate to the following[22]:(i) Proposal at Sec. 43 (2) related to handling of sensitive personal data or information with reasonable security practices and procedures.(ii) Gradation of severity of computer related offences under Section 66, committed dishonestly or fraudulently and punishment thereof.(iii) Proposed additional Section 72 (2) for bsignNow of confidentiality with intent to cause injury to a subscriber.It is hoped that these amendments will strengthen the law to suffice the need.Data Protection Laws In Order To Invite ‘Data Controllers’.There has been a strong opinion that if India strengthens its data protection law, it can attract multi-national corporations to India. India can be home to such corporations than a mere supplier of services.In fact, there is an argument that the EU’s data protection law is sufficient to protect the privacy of its people and thus lack of strong protection under Indian law is not a hindrance to the outsourcing industry. To enumerate, consider a company established in EU (called the ‘data controller’) and the supplier of call center services (‘data processor’) in India. If the data processor makes any mistake in the processing of personal data or there are instances of data theft, then the data controller in the EU can be made liable for the consequences. The Indian data processor is not in control of personal data and can only process data under the instructions of the data controller. Thus if a person in EU wants to exercise rights of access and retrieve personal data, the data controller has to retrieve it from the data processor, irrespective of where the data processor is located. Thus a strong data protection law is needed not only to reinforce the image of the Indian outsourcing industry but also to invite multi-national corporations to establish their corporate offices here.Data Protection And TelemarketingIndia is faced with a new phenomenon-telemarketing. This is facilitated, to a large extent, by the widespread use of mobile telephones. Telemarketing executives, now said to be available for as low as US $70 per month, process information about individuals for direct marketing. This interrupts the peace of an individual and conduct of work. There is a violation of privacy caused by such calls who, on behalf of banks, mobile phone companies, financial institutions etc. offer various schemes. The right to privacy has been read into Article 21, Constitution of India, but this has not afforded enough protection. A PIL against several banks and mobile phone service providers is pending before the Supreme Court alleging inter alia that the right to privacy has been infringed.The EC Directive confers certain rights on the people and this includes the right to prevent processing for direct marketing. Thus, a data controller is required not to process information about individuals for direct marketing if an individual asks them not to. So individuals have the right to stop unwanted marketing offers. It would be highly beneficial that data protection law in India also includes such a right to prevent unsolicited marketing offers and protect the privacy of the people.Data Protection With Regard To Governance And PeopleThe Preamble to the Act specifies that, the IT Act 2000, inter alia, will facilitate electronic filing of documents with the Government agencies. It seeks to promote efficient delivery of Government services by means of reliable electronic records. Stringent data protection laws will thus help the Government to protect the interests of its people.Data protection law is necessary to provide protection to the privacy rights of people and to hold cyber criminals responsible for their wrongful acts. Data protection law is not about keeping personal information secret. It is about creating a trusted framework for collection, exchange and use of personal data in commercial and governmental contexts. It is to permit and facilitate the commercial and governmental use of personal data.The Data Security Council of India (DSCI) and Department of Information Technology(DIT) must also rejuvenate its efforts in this regard on the similar lines. However, the best solution can come from good legislative provisions along with suitable public and employee awareness. It is high time that we must pay attention to Data Security in India. Cyber Security in India is missing and the same requires rejuvenation. When even PMO's cyber security is compromised for many months we must at least now wake up. Data bsignNowes and cyber crimes in India cannot be reduced until we make strong cyber laws. We cannot do so by mere declaring a cat as a tiger. Cyber law of India must also be supported by sound cyber security and effective cyber forensics.Indian companies in the IT and BPO sectors handle and have access to all kinds of sensitive and personal data of individuals across the world, including their credit card details, financial information and even their medical history. These Companies store confidential data and information in electronic form and this could be vulnerable in the hands of their employees. It is often misused by unsurplous elements among them. There have been instances of security bsignNowes and data leakages in high profile Indian companies. The recent incidents of data thefts in the BPO industry have raised concerns about data privacy.There is no express legislation in India dealing with data protection. Although the Personal Data Protection Bill was introduced in Parliament in 2006, it is yet to see the light of day. The bill seems to proceed on the general framework of the European Union Data Privacy Directive, 1996. It follows a comprehensive model with the bill aiming to govern the collection, processing and distribution of personal data. It is important to note that the applicability of the bill is limited to ‘personal data’ as defined in Clause 2 of the bill.The bill applies both to government as well as private enterprises engaged in data functions. There is a provision for the appointment of, “Data Controllers”, who have general superintendence and adjudicatory jurisdiction over subjects covered by the bill. It also provides that penal sanctions may be imposed on offenders in addition to compensation for damages to victims.The stringency of data protection law, whether the prevailing law will suffice such needs, whether the proposed amendments are a welcome measure, whether India needs a separate legislation for data protection etc are questions which require an in-depth analysis of the prevailing circumstances and a comparative study with laws of other countries. There is no consensus among the experts regarding these issues. These issues are not in the purview of this write-up. But there can be no doubt about the importance of data protection law in the contemporary IT scenario and are not disputable.
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