Maharashtra Adjudicator defines CDR as “Sensitive Personal Information”

In an interesting case decided by the Maharashtra Adjudicator Mr Rajesh Aggarwal, compenation of Rs 18 lakhs was granted to a client against the Bank (ICICI Bank) and the Mobile Service Provider(Vodafone) in a phishing case.

The case was handled by advocate Prashant Mali and Naavi.org congratulates Prashant for his excellent work.

Report in TOI

Copy of the order

The case involved issue of a duplicate SIM by Vodafone with a false photograph and hence the Mobile Service Provider was also made a party.

There are many similar cases with other adjudicators including one in Kolkata.

We hope that Banks and mobile companies in future agree to compensate the victims without subjecting him to the hassles of the litigation.

Further, the judgement also categorically ruled ICICI Bank and Vodafone “Negligent” for not following appropriate security measures. Further the adjudicator acknowledged the plight of cyber crime victims and held out an advice to the DIT on the non appointment of the chairperson for CAT. In the process the adjudicator  has also considered the customer data in a mobile company as “Sensitive Personal Data”.

Considering all these factors, this judgement may be considered as another landmark judgement and both the adjudicator and the advocate who pleaded the case must be congratulated.

Probably adjudicators of other states need to take a lesson from Mr Rajesh Aggarwal.

Hope Karnataka IT Secretary is listening!

Naavi

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About Vijayashankar Na

Naavi is a veteran Cyber Law specialist in India and is presently working from Bangalore as an Information Assurance Consultant. Pioneered concepts such as ITA 2008 compliance, Naavi is also the founder of Cyber Law College, a virtual Cyber Law Education institution. He now has been focusing on the projects such as Secure Digital India and Cyber Insurance
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