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Posted on May 19th, 2011 in Internet Safety, Privacy & Policy, Research by Simply Security | Be the first to comment | Tags: Compliance & Regulations

India has adopted new data protection rules.

India, an emerging economy and home to approximately one-sixth of the world's population, recently adopted new data protection measures designed to protect personal information.

The legislation, called the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011, was put in place recently to implement a law passed by the country's government in 2008.

According to a recent InformationWeek report, the proposed rules did not undergo the rigorous process of public scrutiny to which legislation is often subjected, due to the fact that they implement an already existing law. Despite this, they are considered legally binding, the report said.

The new data protection rules require that organizations inform individuals whenever their personal information is collected by email, fax or letter. Furthermore, they demand that organizations take steps to secure personal data and offer a dispute resolution process for issues that arise around the collection and use of personal information.

It is yet to be seen whether companies in the subcontinent will comply fully with the new rules. Similarly, it is not yet known to what degree Indian authorities will actually enforce them.

According to Miriam Wugmeister, head of the global privacy practice at law firm Morrison & Foerster, however, the new rules could have a dramatic effect on the IT landscape in India.

Wugmeister told InformationWeek that "the law applies to all companies in India getting any information from anywhere." This means that, "on the face of it, it doesn't exempt the service provider." This may have ramifications for foreign companies that outsource services to India.

The new rules in India come at a time when governments worldwide are scrambling to bring legislation up-to-date with technological developments. According to a recent Silicon.com report, intellectual property law, too, needs to keep up with technological advances.