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ARTICLE · 30 MAY 2024

Companies As Custodians Of Information: Data Protection Compliances

In the landmark judgment of Justice K.S. Puttaswamy vs. Union of India, the Hon'ble Supreme Court of India explicitly recognised and laid down that right to privacy is a fundamental right...

IndiaPrivacy

Why data protection:

In the landmark judgment of Justice K.S. Puttaswamy vs. Union of India1, the Hon'ble Supreme Court of India explicitly recognised and laid down that right to privacy is a fundamental right under Article 21 of the Indian Constitution. Accordingly, every person including an individual, company/firm/association, a Hindu undivided family, state and every artificial juristic person ("Data Principal"), is entitled to the right of privacy which also encompasses the right to protection of personal data.

Personal data refers to any data that helps in identifying a person2 and breach of the same in any form of unauthorised processing or accidental disclosure, acquisition, sharing, use, alteration, destruction or loss of access may compromise the data's confidentiality, integrity or availability, which can cause prejudice to such a person in terms of financial losses, reputational damage, legal issues, regulatory fine and breach of consumer trust. Thus,

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