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In such cases, the government agency is required to send a written request to the body corporate possessing the sensitive information, stating clearly the purpose of seeking such information. Reasonable Security Practices Rule 7 of the draft rules stipulates that a body corporate shall be deemed to have complied with reasonable security practices if it has implemented security practices and standards which require: Once this approval has been sought and obtained, the observance of these standards by a body corporate would deem them to have complied with the reasonable security practice requirements of section 43A.
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Penalties and Remedies for breach of Data Protection Civil Liability for Corporates As mentioned above, any body corporates who fail to observe data protection norms may be liable to pay compensation if: Further, details of the powers and functions of this officer are given in succeeding sections of this note.
Adjudicatory Mechanism and Remedies under the IT Act This section provides a brief outline of the mechanism installed by the IT Act to activate the various remedies and penalties prescribed in various sections of the Act. As a victim of online intrusion, how does one use the IT Act to seek redressal? As mentioned above, the IT Act provides for both the civil remedy of damages in compensation Chapter IX as well as criminal penalties for offences such as imprisonment and fine Chapter XI.
In general, claiming a civil remedy does not bar one from seeking criminal prosecution and ideally both should be pursued together. For clarity, in the sections that follow, we will be discussing the two procedures separately.Broadband Connection - Unlimited High Speed Internet [No 3G/4G]
Civil Damages and Compensation Whom to approach? However, a pecuniary limit has been placed on the powers of adjudicating officers, and they may only adjudicate cases where the quantum of compensation claimed does not exceed Rs. Section 61 of the Act bars ordinary civil courts from jurisdiction over matters which the adjudicating officers have been empowered to decide under this Act. When must a complaint be filed? The Limitation Act provides that a suit must be filed within three years from when the right to sue accrues [ 59 ].
What is the procedure?
Section 46 and the rules framed under that section provide elaborate guidelines on the procedure that is to be followed by the adjudicating officer. Additionally, they have the power to punish for their contempt undert the Code of Criminal Procedure. Section 47 provides that in adjudging the quantum of compensation, the adjudicating officer shall have due regard to the following factors, namely: Where must a complaint be filed and in what format?
The complaint must be made to the adjudicating officer of the state or union territory on the basis of location of computer system, computer network. The complaint must be made on a plain paper in the format provided in the Performa attached to the rules [ 62 ].
In case the offender or computer resource is located abroad, it would be deemed, for the purpose of prosecution to be located in India [ 63 ]. How long does the process take? How much does it cost? The Rules stipulates a variable fee payable by a bank draft calculated on the basis of damages claimed by way of compensation a Upto Rs.
Within 25 days of the copy of the decision being made available by the adjudicating officer, the aggrieved party may file an appeal before the cyber appellate tribunal. Section 57 provides that the appeal filed before the cyber appellate tribunal shall be dealt with by it as expeditiously as possible and endeavor shall be made by it to dispose of the appeal finally within six months from the date of receipt of the appeal.
Section 62 gives the right of appeal to a high court to any person aggrieved by any decision or order of the cyber appellate tribunal on any question of fact or law arising out of such order. Such an appeal must be filed within 60 days from the date of communication of the decision or order of the cyber appellate tribunal.
Can contraventions be compounded compromised with the offender?
Except in the case of repeat offenders, contraventions may be compromised by the adjudicating officer or between the parties either before or after institution of the suit. In addition to being liable to pay compensation, in the cases falling under section 43, such offenders may also be liable for criminal penalties such as imprisonment and fines [ 66 ]. This sub-section of this paper deals with the procedure to be followed with respect to the criminal offences set out under Chapter XI of the Act for example, see sections 2.
Who can take cognizance of offences and investigate them? Many states have set up dedicated cyber crime police stations to investigate offences under this Act [ 67 ].
Thus, for example, the State of Karnataka has set up a special cyber crime police station responsible for investigating all offences under the IT Act with respect to the entire territory of Karnataka [ 68 ]. When must a complaint be lodged? Where either the commission of the offence was not known to the person aggrieved, or where it is not known by whom the offence committed, this period is computed from the date on which respectively the offence or the identity of the offender comes to the knowledge of the person aggrieved [ 69 ].
So, data transfer speed will not be affected by distance from the exchange. Copper connection suffers from a significant signal loss issue. If the distance is large, the signal gets very fuzzy. So, copper is very poor for signaling.
It is still good for local networks, but it should not be the choice as a global communication channel.
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Fiber also protects the signal from any electromagnetic interference and EM fields can influence data transfer over copper. So, Fiber optic should be your choice over Copper broadband. Copper still have few advantages. Copper is cheaper and easier to terminate. It is easily available and it reduces cost.
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This is the reason, most of the known broadband providers are still using the old copper lines. They claim to offer speed but you will never get a reliable connection if you have lots of data consumption.
What should you prefer? Fiber is the recommended, but it is not available in all cities. So, you need to find if there is an option to get Fiber optic connection easily. The best form of connection is where you get an end to end fiber channel. It means the connection from your home to junction box is also via fiber cable. Many old players in the industry have improved their infrastructure on the backend, but they are still using the old copper line to connect your home connection to the junction box.
So, your home connection should not be far away from the main junction box. If you ask sales person from any broadband company, he will boast a lot and will talk about charming plans. But, he will never tell you about upload speed.
Copper connection offers very slow upload speed. It tested Airtel, Tata like companies with good download speed claims, but upload was nothing more than Kbps. If you are on Fiber optic, the upload will either same as a download or slightly lesser than download speed. But it will never be as less as in traditional copper lines. If you are the kind of Internet user who needs a broadband to upload the data on a server regularly, you should go with Fiber optics. YouTubers should never think of using copper because videos will take hours in uploading but the same video will take few minutes in Fiber network.
So, you must ask the kind of connection they offer and do not buy the plan until you have a clear answer. You must ask if they are offering fiber or copper. You must also ask if the connection from home to the junction is copper of wire.
You should also ask the location of the junction to have an idea of distance from your home to junction. Cost The cost of broadband depends on your service provider. A few years ago, Fiber Optic broadband used to be costly but prices have come down in recent years.