Alan Cox wrote:
ANZ Bank (anz.com.au) has just announced its sending lots of jobs tO
India. I'm an ANZ customer. I'm wondering what that implies for my
privacy, Indian laws are not Australian laws. I'm sure they're not as
good as Australian laws, and enforcement is problematic. I don't like
the idea of most confidential information about me leaving our shores.
Did Australia not do what people like the EU did and require its own data
protection rules or better must apply to exported data ?
I don't know what Australia did, and I bet very few Australians know.
What happens when there's an information leak in India? Does Australian
law apply? I suspect not.
Ask a lawyer, you get into the world of liability and negligence not just
DP law.
Anyway India has a variety of privacy laws but they are not quite the
same as most of the western ones and they were not neccessarily as
"complete" in some areas.
India also has an acute lack of judges, it can take decades to get one.
Jain feared that delay in justice could erode people’s faith in the
judiciary. “There is one judge for one million people in India in
comparison to one judge for 80,000 people in developed countries,” said
Jain.
http://www.indianexpress.com/news/delay-in-justice-eroding-peoples-faith-in-judiciary-says-former-cj/432096/
In its 120th report submitted on 31 January 1987 the Law Commission
recommended that India ought to have 107 judges per million by the year
2000,
http://www.indiatogether.org/2008/jul/hrt-odds.htm
I think the above target has not been met.
i need not fling statistics at you. reality stares us in the face. our
courts are snowed down under crushing arrears. in our populous country,
the judge to population ratio is abysmal. simply put, we need more
judges. our courts need more courtrooms. our country needs more courts.
that's the least infrastructure necessary, to speed up disposal of cases
in various courts.
http://timesofindia.indiatimes.com/articleshow/1284088.cms
The initial EU analysis is here but rather dry reading:
http://ec.europa.eu/justice_home/fsj/privacy/docs/studies/final_report_india_en.pdf
The bigger question anyway is control and enforcement (by the company and
by the authorities)
Seems to me companies use information any way they jolly well like, and
if it's not embarrassing there's no problem. That's why we need provicy
laws. And, if there's an information leak of Australian data in India,
it won't get much coverage there, and the media here may well not find
out either.
In Australia, _I_ cannot mount law case. I'd first have to find there
was a breach, then I'd have to find container-ship loads of money to
hire a lawyer. Doubtless any decisions would be appealed to the full
bench of the Federal court and then to the High Court (fortunately the
Privy Council's not in the picture any more).
Probably, it's better to go annoy a local polly, the appropriate one for
me has her office just up the road.
--
Cheers
John
-- spambait
[email protected] [email protected]
-- Advice
http://webfoot.com/advice/email.top.php
http://www.catb.org/~esr/faqs/smart-questions.html
http://support.microsoft.com/kb/555375
You cannot reply off-list:-)
----------------------------------------------------------------------
For LINUX-390 subscribe / signoff / archive access instructions,
send email to [email protected] with the message: INFO LINUX-390 or visit
http://www.marist.edu/htbin/wlvindex?LINUX-390
