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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.