The article discusses the role of privacy policies in India. It covers issues related to digital information and how the privacy of data can be maintained.
Introduction to Website Terms of Use
Website Terms of Use is regarded as a fundamental right, and it has become a trendy topic over time with the emergence of the so-called digital era.
You can get all the detail guide for Website Terms of Use and Apps in India. In fact, on August 24th 2017, the Supreme Court’s constitutional bench decided that the right to privacy was a fundamental right. As we all know, whether knowingly or unknowingly, many people tend to share their personal information online. In such cases, regulating privacy is a challenge since new websites are being developed every day, and customers also belong to different countries.
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The most important thing to be considered here is that the privacy laws or the privacy policies also differ from one country to another. Hence, as the owner of a website or a mobile application that collects personal data or personal information, an individual or Company Ideas must have an in-depth and easily accessible privacy policy.
For instance, a privacy policy concerning information technology (IT) is a document that lets the readers know how a technology or a product or a service will use their personal information. In IT, the privacy policy has become very important these days because several IT products and services collect personal information from the users and use them in different ways.
Now coming to where one can find the privacy policy, a privacy policy can either be printed on a piece of paper, displayed on the monitor screen or posted on the company’s website. The privacy policy will let the users know how a company will use different kinds of information about the users, which usually includes a blend of demographic data and personal details.
In addition to IT, privacy policies have also become crucial in e-commerce and other services agreements. Privacy policies will play a crucial role in digital and online businesses where individuals or companies collect sensitive information. Get to know about draft for Website Terms of Use.
Key Components of Privacy Policy on Websites/Apps:-
- Consent of the individual: Consent is the most important Website Terms of Use component. No information should be used/shared without the information provider’s consent.
- Individual choice: Choice is the next important component of the privacy policy. Users should be able to opt in or opt out of the information sharing process of the business if they wish to.
- Purpose of collecting the information: The privacy policy should also clearly mention the information’s purpose. Only personal data should be collected from the users required for the purposes identified for such collection. Notice regarding the same should be provided, and the required consent of the individual should be taken. The NDA Agreement also becomes crucial in Business related Agreements.
- Information disclosure to the information provider: The collected information should be intimated to the information provider. There are still many internet users who are not aware of the dangers of data disclosure. Hence, the information provider must remain informed about the nature of his personal information. Upon request, the data controller should allow the information provider to review the information provided.
- Documented security practices: The Sensitive Information Rules also specify that each data controller should have expansively documented information security programs as well as information security policies in place, which include operational, managerial, physical, and technical security control measures, per the information assets that are being protected and type of business.
Legal Acts Connected with Data Protection or Privacy
- According to section 43A of the Information Technology Act, 2000, a body corporate who is having an individual’s sensitive personal data or information and is also dealing with that data but, at the same time, neglecting the implementation and maintenance of the required security practices for data protection, which might lead to a wrongful gain or wrongful loss to that person, then the body corporate would have to pay damages to the individual concerned. Also, the Act does not mention any maximum limit for the compensation claimed by the affected individual.
- Information Technology Rules, 2011, protect an individual’s sensitive Website Terms of Use or data. In this case, personal data or information includes passwords, sexual orientation, biometric information, medical history and records, and lastly, financial information like details of the bank account or debit card or credit card or other payment instruments of the individual.
- According to section 72A of the Information Technology Act, 2000, disclosing an individual’s information, knowingly and purposefully, without the individual’s consent and thereby violating the lawful contract has been made punishable with imprisonment for up to three years and a fine of up to Rs. 5,00,000.
- Section 72 of the Information Technology Act, 2000, discusses a situation wherein a person, who has got access to an electronic record, correspondence, book, information, document, register or other material without the concerned individual’s consent and reveals such documents to any other person, will be subject to imprisonment of up to two years, or a fine of up to Rs. 1,00,000, or both.
Things to Remember While Writing a Website Terms of Use
However, while drafting a Website Terms of Use one should use simple words so that it becomes more accessible for people to comprehend.
We need to remember that our customers are the general audience. Keeping this in mind, the Website Terms of Use should be written in simple words to make it easier for the commoner to read and understand the policy document. If the language is very complicated, readers might think that the organisation is trying to hide a few practices by using complex words and phrases.
Hence, the first mantra is that the privacy policy should not be written using complicated words and phrases. Also, avoid using too many technical jargons or legal terms as it might be difficult for the readers to understand.
Next, the privacy policy should not be too long and short and precise, though it should detail all the necessary points. Reading a lengthy privacy policy could bring some amount of boredom to the readers’ minds.
Conclusion
Last but not least, before drafting a privacy policy, one needs to understand a company’s information collection practices fully and should also understand how the company will use, reveal, and maintain such information. This may require help from other people working in the organization, including people from the marketing department, IT department, etc.
A Website Terms of Use should never be copied. Remember that if you copy the privacy policy from another website, it will narrate the practices of the other company and not yours. If the privacy policy does not describe the procedures followed by your company, it might lead to liability and a public relations issue.
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