Data Leakage and Tools
Many large international corporates and banking and financial institutions are in the process of deploying data leakage prevention tools at global and Indian level to secure their sensitive business information from leaking through the information technology systems via copying, uploading or e-mails. The deployment of tools involve monitoring the data and system files, scanning the data, intercepting it, encrypting and decrypting the data, transfer of data for investigation purposes to an affiliate or a third party investigator, etc.
The companies are concerned whether the use of such data leakage prevention tools is permitted by and in compliance with the Indian data protection and privacy laws for the end-point operations and network operations, applicable communications law, employment law, etc.; whether the location of the servers matter; whether the levels of data protection and compliances under Indian law are stronger for banking and financial information, information of national importance, etc.; whether there are any potential criminal penalties for non-compliances; whether the third parties such as forensic specialists can be held liable for any data breach under Indian law, and so on.
Our expert team of lawyers regularly advice Indian and international companies on India’s data privacy law issues such as these, and other laws and their applicability to deploying the data leakage prevention tools and dealing with sensitive personal information.