The government said that the professional data sent to India by customers outsourcing work to companies in the country that will not be covered under the new rules that govern the collection of such information. It also providing relief to India’s large outsourcing industry. In April, the information technology rules 2011 introduced to require companies of the intermediaries to take consent in writing from individuals about the use of the sensitive personal information that they collect.
For the Indian outsourcers to operate if they were required the new rules would make it difficult to take written consent from indivisuals in other countries whose data that they collect and process through call centers and business process outsourcing operations. The companies that rely on India-based outsourcing services providers will be required to adjust the data collection practices to conform to Indian data rules as a result of the new rules. Even though the current practices may comply fully with the US or European Union privacy rules.
By the Ministry of Communications and Information Technology, a clarification issued through the country’s Press Information Bureau. The Body corporate provides a services relating to a collection, storage, dealing or handling of sensitive personal data or information under contractual obligation. This is with any legal entity located within or outside India is not the subject to the requirement of the new rules. Removing the interpretation that US and European companies sending data for processing to Indian outsourcers would have to follow the Indian rules while collecting data in the countries. The Government also stated that the body corporate referred to under the new rules are Indian companies.
By the government, the clarification removes any such confusion, this is according to the CEO of the Data Security Council of India, Kamlesh Bajaj. It is now clear that it is the outsourcer, however the economies collecting and sending the data that are responsible for protecting the privacy of the data. The Government had reassured Nasscom that a clarification would be issued. Indian companies collecting data from individuals this is under the clarification issued by the government. It known as providers of information, it will continue to be covered under the new rules governing collection and use of sensitive personal information. The preferential treatment provided to a section of companies, the outsourcers could be struck down in court.
Under the provision of the county’s Information Technology Act, the clarification has not been issued under any provision of the country. In which does not limit the jurisdiction of its laws to companies within India. The clarification is also vague and could lead to a variety of companies claiming to be exempt from the personal data rules.
Information Technology now is very broad wherein lots of countries and companies now are outsource in any places. This is something that is really great that most of the people are wanting to be the part of the biggest and fastest growing industry. Outsourcing makes the world things possible, even though many people do not want to outsource.
REFERENCE:
http://www.cio.com.au/article/398476/india_exempts_outsourcers_from_new_privacy_rules/
http://www.pcworld.com/businesscenter/article/238706/india_exempts_outsourcers_from_new_privacy_rules.html
