Need for Revamping Information Technology Laws in India

Authors

DOI:

https://doi.org/10.21776/ub.blj.2021.008.02.03

Keywords:

cyberspace, data protection, information technology, internet, laws

Abstract

Homo Sapiens have a distinct characteristic of being superior to other creatures. They owe this superiority not only because they have the power to reason and rationalize but also because they have a tendency to organize themselves as a congregation, which can work in a group at a large scale. The human instinct to improvise on its own inventions, have today resulted in mutation of a world from the stage of abacus to the era of Robotics. For the sake of avoiding chaos and maintaining the sovereignty, every nation strives to eradicate the fear of dominance by the selected elite and hence the need of regulations and the law. The aim of the paper is to highlight the grey areas and limitations existent in Information Technology Laws and focusing on the emerging domains of cyberspace. Its also aims to draw the attention by the policymakers and the legislators to understand the need for amending the Information Technology Act, 2000 for including legal provisions related to emerging issues in cyber space. The analytical research method is used to collect the data based on a systematic review of the existing sources of information and involved qualitative research to analyze the information. The conclusion and suggestions of this paper will definitely be helpful in either drafting or amending a comprehensive law relating to IT keeping in view the evolving technologies and their applications.

Author Biographies

Ivneet Kaur Walia, Rajiv Gandhi National University of Law, Punjab

Assistant Professor, Rajiv Gandhi National University of Law, Punjab

Dinesh Kumar, Department of Laws, Panjab University, Chandigarh

Associate Professor, Department of Laws

References

Books and Reports

Bainbridge, David, Introduction to Information Technology Law (Trans-Atlantic Publications, 2007)

Bajaj, Kamlesh K, Debjani Nag, E-commerce: The Cutting Edge of Business (Tata McGraw Hill Pub., 2nd Ed., 2005)

Ministry of Electronics and Information Technology, Government of India, Artificial Intelligence Committee Report, 2019 (July) http://www.meity.gov.in/artificial-intelligence-committee-reports

Pallavi Kapila, 2020, Cyber Crimes and Cyber Laws in India: An Overview, in book: Contemporary Issues and Challenges in the Society, New Era International Imprint

NITI Aayog, 2020, Blockchain: The India Strategy (towards enabling ease of business, ease of living, and ease of governance) part 1, Draft Discussion Paper, NITI Aayog

Journals

Aditi Subramaniam and Sanuj Das, 2021, The Privacy, Data Protection and Cybersecurity Law Review: India, The Law Reviews, Ed. 8

Deva Prasad M and Suchitra Menon C, 2020, The Personal Data Protection Bill, 2018: India’s Regulatory Journey Towards A Comprehensive Data Protection Law, International Journal of Law and Information Technology, Vol. 28, No. 1.

Halder, Debarati and H Jaishanker, Cyber Crimes Against Women in India, Sage Publications, vol. xviii, 2017

John Naughton, 2016, The Evolution of The Internet: from Military Experiment to General Purpose Technology, Journal of Cyber Policy, Vol.1, No. 1

Mandeep Kumar and Puja Kumari, 2020, Data Protection & Rights to Privacy: Legislative Framework in India, Journal of Critical Review, Vol. 7, No. 11

N.S. Nappinai, 2010, Cyber Crime Law in India : Has Law Kept Pace with Emerging Trends? An Empirical Study, Journal of International Commercial Law and Technology, Vol. 5, No. 1.

Internet

Ajmal, Anam, ‘Need Surveillance Reform, Privacy Law: Cyber Experts’ The Times of India, 2020 30 (August) https://timesofindia.indiatimes.com/india/need-surveillance-reform-privacy-law-cyberexperts/articleshow/7186 0462.cms

Alexander, Bhavana and Kayal Manivannan, ‘Disruptive Tech like Blockchain is Here to Stay, Law Will Have to Simply Catch Up’ (2020) 30 (August) The Economic Times https://economictimes.indiatimes.com/small-biz/security-tech/technology/disruptive-tech-like-blockchain-is-here-to-stay-law-will-have-to-simply-catch-up/articleshow/593970 14.cms?utm_source=contentofinterest&utm_medium=text&ut m_campaign=cppst.

Bal, Meghna, ‘India's Information Technology Act Is Set to be Changed – What Should be Reworked?’ (2020) 30 (August) The Wire https://thewire.in/law/india-information-technology-act-changes/amp/

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Singh, Ishveena, ‘India’s Cybersecurity Laws Inadequate for IoT, Big Data, Cloud and AI’ (2020) 30 (August) Geospatial World https://www.geospatialworld.net/blogs/iot-big-data-cloud-and-cybersecurity-laws-in-india

Sathe, Gopal ‘The Supreme Court Struck Down Section 66A of the IT Act in 2015, Why Are Cops Still Using It to Make Arrests?’ (2020) 3 (August 30) Huffpost https://www.huffingtonpost.in/2018/10/15/the-supreme-court-struck-down-section-66a-of-the-it-act-in-2015-why-are-cops-still-using-it-to-make-arrests_a_23561703/? guccounter=1

Vrinda Bhandari and Renuka Sane, ‘Analysing the Information Technology Act (2000) from the Viewpoint of Protection of Privacy’ (2020) 30 (August)The Leap Blog https://blog.theleapjournal.org/2016/03/analysing-information-technology-act.html?m=1

Acts

The Banker’s Book Evidence Act, 1891,

The Banning of Cryptocurrency and Regulation of Official Digital Currency Bill, 2019

The Code of Criminal Procedure, 1973

The Finance Bill, 2017

The Indian Contract Act, 1872

The Indian Evidence Act, 1872,

The Indian Penal Code, 1860,

The Information Technology Act, 2000

The Personal Data Protection Bill, 2019

The Reserve Bank of India Act, 1934

the Sensitive Personal Data or Information Rules, 2011

The Telegraph Act, 1885

List of Cases

Shreya Singhal v. Union of India (2013) 12 SC 73

Downloads

Published

2021-10-31

How to Cite

Walia, Ivneet Kaur, and Dinesh Kumar. 2021. “Need for Revamping Information Technology Laws in India”. Brawijaya Law Journal 8 (2):202-15. https://doi.org/10.21776/ub.blj.2021.008.02.03.