without his knowledge or he exercised due diligence to prevent the offence. It’s hard to prove the commission of offence as the terms “due diligence” and “lack of knowledge” have not been defined anywhere in the Act. And unfortunately the Act doesn’t mention how the extra territoriality would be enforced. This aspect is completely ignored by the Act, where it had come into existence to look into cyber crime which is on the face of it an international problem with no territorial boundaries.
7. Data Protection.
Information stored on the owner of the computer would be his property and must be protected there are many ways such information can be misused by ways like ‘unauthorized access, computer viruses, data typing, modification erasures etc. Legislators had been constantly confronted with problem in balancing the right of the individuals on the computer information and other people’s claim to be allowed access to information under Human Rights. The first enactment in this regard was Data Protection Act by Germany in the year 1970. This was widely accepted by the world and also contributed to the Information Technology Act.
The origin of laws on date protection dates back to 1972 when United Kingdom formed a committee on privacy which came up with ten principles, on the bases of which data protection committee was set up. Data Protection Act, 1984 (DPA) was United Kingdom’s response to the Council of Europe Convention 1981, this Act lacked proper enforcement mechanism and has done little to enforce individual’s rights and freedoms. European Union directive in 1995, European Convention of Human Rights (ECHR), Human Rights Acts, and further introduction of Data Protection Act, 1998