Question
Consider the following statements relating to Section
43A of the IT Act, 2000: 1. It applies to body corporates handling sensitive personal data. 2. It imposes liability where there is negligence in implementing reasonable security practices. 3. It requires the person affected to prove criminal intent of the body corporate. Which of the above are correct?Solution
Section 43A applies to body corporates handling sensitive personal data or information. It imposes liability where negligence in implementing reasonable security practices causes wrongful loss or gain. This is a civil liability provision, and proof of criminal intent is not required. Therefore, statements 1 and 2 are correct, and option A is correct.
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