Canadian Technology & IP Law : Canadian Technology Lawyers & Attorneys : Stikeman Elliott Law Firm : IP Law in Toronto, Montreal, Calgary, Ottawa & Vancouver

On April 11, 2011, the Ministry of Communications and Information Technology (Department of Information Technology), Government of India (IT Ministry), issued the following rules regarding the protection of personal information:

• Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011
• Information Technology (Electronic service delivery) Rules, 2011
• Information Technology (Intermediaries guidelines) Rules, 2011

(collectively, the Privacy Rules).

The new Privacy Rules represent a dramatic change in India’s policy on protection of personal information, which previously regulated only data security and hacking but not privacy. For more information on the Privacy Rules and discussions of their potential impact on outsourcing transactions, please visit publications posted by Morgan Lewis, Gibson Dunn and DLA Piper.

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Alberta’s Information and Privacy Commissioner has applied for leave to appeal to the Supreme Court of Canada from the Alberta Court of Appeal’s decision in Leon’s Furniture v. The Information and Privacy Commissioner of Alberta. In the case, a majority of the Court of Appeal held that an organization’s methods of collecting personal information must only be reasonable and need not be the least intrusive method.

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