Office Location

Delhi:

E-5, 2nd Floor, Defence Colony
New Delhi - 110024
Tel : 011-24336744

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Mumbai:

Office No. 1410, 14th Floor, Maker Chamber V, Nariman Point, Mumbai
Tel : +91 22-22873499

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Gurgaon:

Level 18, One Horizon Center, Golf Course Road, DLF Phase 5, Sector 43, Gurgaon 122002, India
Tel : +91 124 668 8146 / +91 124 668 8147

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Mumbai (Entertainment and Media Practice)

Office No. 213, 2nd Floor, A-wing, Crystal Plaza, Andheri Link Road, Andheri (W), Mumbai.
Tel : 022-62360762

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Mumbai (Corporate and Transactional Practice)

909/A, Capital Building, Bandra Kurla Complex, East Mumbai- 400098

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Bangalore:

21/2, 1st Main Road,
Opp Indian overseas Bank,
Gandhinagar,
Bengaluru - 560009

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Kanpur:

77A, Cantt., Kanpur - 208004

DATA PROTECTION, PRIVACY AND CORPORATE COMPLIANCE


Introduction – Welcome to the Back Office!

Outsourcing to India is one of the best ways for CIOs to cut application development
and maintenance costs, deal effectively with the peaks and valleys of software
demands, and focus on more strategic work. Depending on whom you ask, anywhere
from onehalf to two-thirds of all Fortune 500 companies are already outsourcing to India

One of the areas of concern is the absence of a privacy culture and little privacy and data protection regulation. The importance of the outsourcing business in India must certainly be taken in consideration given the quantity of processed data that can potentially increase the degree of risk that a misuse could pose for data-subjects.

Part – I:
The Data Protection Regime in India:

Analysing the Context Even after the Constitution came into force, no fundamental right to privacy was explicitly guaranteed. However, the Constitution of India embodied Fundamental Rights in Part III, which are enumerated in Article 14-30. Judicial activism has then brought the Right to Privacy within the realm of Fundamental Rights. The Supreme Court deduced that right from the Right to Life and Personal Liberty enshrined in Article 21 of the Constitution through an extensive interpretation of the phrase.

No specific legislation pertaining to data protection has been enacted in India. However, one could claim that other statutes provide some safeguards to the lack of explicit legislation in that field. These statutes must be examined even if they cannot provide adequate protection on their own accord.

To read more, download the PDF .