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Question

According to the IT Act, 2000, penalty for breach of confidentiality and privacy is imprisonment for a term which may extend to _______ year(s) or with a fine which may extend to lakh(s) rupees or both. 

The correct answer is

two; one

The question asks about the penalty prescribed under the Information Technology Act, 2000 (IT Act, 2000) for the breach of confidentiality and privacy. This specific penalty is covered under Section 72 of the Act.

Understanding IT Act 2000: Breach of Confidentiality and Privacy

Section 72 of the IT Act, 2000 deals with the penalty for breach of confidentiality and privacy. This section applies to any person who, having secured access to any electronic record, book, register, correspondence, information, document, or other material without the consent of the person concerned, discloses such material to any other person.

The key conditions for this section to apply are:

  • The person must have secured access to the information or material.
  • This access must have been secured in pursuance of any powers conferred under the IT Act, 2000 or any other law for the time being in force.
  • The access must be without the consent of the person concerned.
  • The person must disclose this information or material to any other person.

Penalty for Breach of Confidentiality under IT Act 2000

Section 72 clearly lays down the penalty for such a breach. According to this section, any person who contravenes its provisions shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.

Penalty for Breach of Confidentiality (Section 72, IT Act 2000)
Violation Maximum Imprisonment Maximum Fine Combination
Breach of Confidentiality & Privacy by disclosing information obtained without consent Up to 2 years Up to ₹ 1,00,000 (One Lakh Rupees) Or Both

Analyzing the Options

The question asks for the maximum term of imprisonment and the maximum amount of fine in lakhs rupees.

  • Option 1: two; one. This suggests imprisonment up to two years and a fine up to one lakh rupees.
  • Option 2: one; two. This suggests imprisonment up to one year and a fine up to two lakh rupees.
  • Option 3: two; two. This suggests imprisonment up to two years and a fine up to two lakh rupees.
  • Option 4: one; four. This suggests imprisonment up to one year and a fine up to four lakh rupees.

Based on Section 72 of the IT Act, 2000, the maximum penalty is imprisonment for a term which may extend to two years or with a fine which may extend to one lakh rupees, or both. This matches the description in Option 1.

Conclusion on IT Act 2000 Penalty

Therefore, according to the IT Act, 2000, the penalty for breach of confidentiality and privacy is imprisonment for a term which may extend to two years or with a fine which may extend to one lakh rupees or both.

Revision Table: IT Act 2000 Penalties

Summary of Section 72 Penalty
Act Section Violation Type Max Imprisonment Max Fine
IT Act, 2000 Section 72 Breach of Confidentiality & Privacy 2 years ₹ 1 Lakh

Additional Information: IT Act 2000 Context

The IT Act, 2000 is the primary law in India dealing with cybercrime and electronic commerce. Section 72 is one of the provisions aimed at protecting the privacy and confidentiality of electronic data. It is particularly relevant for individuals who handle sensitive information in their professional capacity or due to their access rights under law. The penalty serves as a deterrent against the unauthorized disclosure of private information.

Other sections of the IT Act, 2000 address various cyber offences, including:

  • Tampering with computer source documents (Section 65)
  • Hacking with computer system (Section 66)
  • Publishing or transmitting obscene material in electronic form (Section 67)

Understanding these different sections helps in grasping the complete picture of cyber law and its implications in India under the IT Act, 2000.

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Important Questions from Miscellaneous

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  4. Consider the following statements:

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    2. Distance between the longitudes is maximum on the Equator.

    3. Number of longitudes is more than number of latitudes.

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  5. One block of 2⋅0 kg mass is placed on top of another block of 3⋅0 kg mass. The coefficient of static friction between the two blocks is 0⋅2. The bottom block is pulled with a horizontal force F such that both the blocks move together without slipping. Taking acceleration due to gravity as 10 m/s2, the maximum value of the frictional force is :

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