10k penalty for false info, impersonation | India News – Times of India

Giving false information, impersonating, and filing “frivolous” complaints against social-media and net cos may lead to a penalty of Rs 10,000 on users. The draft specifies rights of consumers and conditions where users run the risk of a penalty.
Law to give right to get own data on social media rectified, erased
New Delhi: Furnishing fal- se information, impersonating, and filing “frivolous” grievance or complaints against social media and internet companies may lead to a penalty of Rs 10,000 on users, the draft of the data protection bill has proposed, while giving consumers the right to seek correction and even removal of information about them which is inaccurate and misleading.
The draft, which comes after government junked the previous bill in August, specifies several rights for consumers, while also stipulating conditions due to which users run the risk of a penalty.
Talking about the ‘duties’ of a Data Principal (or the users of internet and consumer companies), the draft says, “A Data Principal shall not register a false or frivolous grievance or complaint with a Data Fiduciary (internet company) or the Board.” The board here is the government-appointed Data Protection Board which has been suggested to oversee the compliance of companies to the proposed rules.
“A Data Principal shall, under no circumstances including while applying for any document, service, unique identifier, proof of identity or proof of address, furnish any false particulars or suppress any material information or impersonate another person,” the draft says, while specifying a Rs 10,000 penalty.
Abhishek Tripathi, managing partner at Sarthak Advocates & Solicitors, said the move may prove to be counter-productive and could dissuade genuine consumers from complaining against companies and possible violations, due to fears of penalty.
The draft bill, though, gives rights to the users, including for demanding amends and erasures. It says that companies are bound to correct or erase data on user requests around “inaccurate or misleading” personal data. Also, they will have to complete or update a user’s incomplete personal data, and information that is no longer necessary for the purpose for which it was processed, unless the retention is necessary for a legal purpose.
Users will also have a series of rights regarding the processing of their data, as per the new draft. This includes asking for a summary of personal data which is being processed. Also, a user can seek in one place the identities of all the companies with whom the personal data has been shared along with the categories of personal data so shared.

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