Cyber Appeals with TDSAT not affected by the Supreme Court judgement

The recent judgement of the Supreme Court Rojer Mathew Vs South Indian Bank Ltd & ors Civil Appeal No 8588 of 2019 dated November 13, 2019 has raised a doubt in some circles as to whether TDSAT continues to be the Cyber Appellate Authority.

Initial views expressed in this regard that “TDSAT is no longer Appellate Body to Adjudication Officer instead of CyAT” appears to be not supported by the judgement.

Copy of the judgement

The judgement requires a deeper analysis and contains discussion of many issues. It actually highlights the importance of Tribunals and their role in good justice delivery.

Parts of the judgement cover discussion on Section 184 of the Finance Act 2017 insofar as it delegates the powers to lay down the qualifications of Chairperson etc of Tribunals mentioned in the eight schedule. This schedule covered 19 tribunals but not the Cyber Appellate Tribunal.

It was under the Ninth Schedule of the Finance Act 2018 that the Cyber Appellate Tribunal was merged with the TDSAT which had already been formed and regulated under the TRAI Act.

The striking down of the “The Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2017 ” does not affect CyAT or TDSAT.

Hence at present I hold the view that this judgement does not affect the functioning of TDSAT regarding Appeals arising from the Adjudicating officers.

The judgement is being studied in detail and if necessary, further clarifications will be posted here.

Counter views are welcome.

Naavi

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An online Discussion on PDPA

Here is a copy of an online discussion on PDPA held at the office of Dakshlegal on 12th instant. It was an impromptu discussion.

A link to the entire discussion is available here:

https://www.facebook.com/groups/1004611326222954/permalink/3039087706108629/

Naavi

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Twitter poses a question to the Advertising Industry

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ICICI Bank ordered to pay Ra 43 lakhs to a victim of fraud

The Adjudicating officer of Telengana on 30th September 2019 awarded compensation to a victim of a fraud in ICICI Bank. The total amount which the customer (an NRI) had lost was Rs 43,07,525/-. The Bank had alleged that this was a Phishing case and hence the Bank is not liable.

However, the adjudicator considered that the Bank was negligent under Section 43 and 43A of ITA 2000 and hence liable to pay back the amount lost along with a further compensation of Rs 5,00,000/- towards mental agony, Rs 50000/- towards expenses and 9% interest from the date of loss.

The Copy of the judgement is available here

Along with other cases from TDSAT, this is yet another case where the Bank was being held liable for the fraud.

Naavi

 

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Ramdev Case…A Balancing Act

Published in India Legal dated 12th November 2019. PDF version of the article is available here:

 

Naavi

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A compendium of Privacy and Data Protection Articles in the last few months

The last few moths have seen a flurry of activity on Naavi.org related to Privacy and Data Protection. In order to bring all the articles published during this period into one list for easy reference, containing 39 articles.

It would be interesting for me to receive comments from industry experts and academicians on the different views expressed in these articles and contribute further into the knowledge base.

I invite any of the viewers to submit their views and counterpoints on the issues discussed here for publication in these columns.

Naavi

1st November 2019 Public Comments Sought for regulations under CCPA (Californian Privacy Regulation)
24th October 2019 IAB publishes a CCPA Compliance framework for public comments
19th October 2019 Sweden’s first fine under GDPR is bizarre and tragic
15th October 2019 Anonymization and Avatars of Data
14th October 2019 The Roadmap of PDPA
12th October 2019 Is Data Governance a subset of Data Protection or is it the vice-Versa?
11th October 2019 Additive Value hypothesis of ownership of data
10th October 2019 Reversible Life Cycle hypothesis of the Theory of Data
8th October 2019 Theory of Data and Definition Hypothesis
8th October 2019 New Data Theory of Naavi built on three hypotheses
8th October 2019 Six Amendments proposed to California Consumer Privacy Act
7th October 2019 Data is always evolving
7th October 2019 Data Science has to evolve from Technical perspective
7th October 2019 What is the lifecycle of Data
7th October 2019 The New Theory of Data
3rd october 2019 Data Governance Framework as it exists in India now
2nd October 2019 The journey to the development of a New “Theory of Data” begins
1st October 2019 Theory of Data
30th September 2019 The definition of “Personal Data” in CCPA
29th September 2019 The atomic structure of Data
29th September 2019 Fission and Fusion of Data Elements…1
27th September 2019 Personal Data Vs Business Data Comes for discussion with Mr Modi
26th September 2019 Churning Expected in Corporate Data Governance hieararchy
26th September 2019 Sri Lankan Data Protection Bill fails to learn from the Indian draft
23rd September 2019 What is Community Privacy? and who has the right of disposal?
20th September 2019 Data Productivity Vs Data Security
16th September 2019 Views of Kris Gopalakrishna…on Privacy…3
16th September 2019 Views of Kris Gopalakrishna…on Privacy..2: leveraging data for the benefit of individuals
16th September 2019 Views of Kris Gopalakrishna… What do they indicate for the Privacy regulation in India?
16th September 2019 Kris Gopalakrishna clarifies the role of Data Governance Committee
14th September 2019 What is Data governance Framework?
14th September 2019 Committee on Data Governance….Is it relating to Anonymized personal Data or Non Personal Data?
10th September 2019 PDPSI Vs ISO 27701 Vs BS10012
4th September 2019 Will Fintech steering committee reprot bring changes to PDPA?
1st September 2019 Data Laundering….Is it covered under PDPA?
7th August 2019 Challenging the GDPR Fines-Jurisdictional issue
25th June 2019 PDPA Compliance for Data Analytics and AI industries
May 31 2019 “Consent” and “Explicit Consent” under PDPA
May 28 2019 GDPR Penalties in the last one year

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