Where an IoT device collects or processes personal data or sensitive personal data of individuals (for example, through software or applications necessary for the operation of such devices), Indian law requires that explicit consent be obtained to collect, store and/or use such data. There are no exceptions to the collection or use of personal data for IoT applications. It is also possible that IoT devices collect personal data from unaffiliated third parties (e.g. traffic or vehicle data) who have not given their consent. Follow us on Instagram and subscribe to our YouTube channel for more amazing legal content. The defining feature of IoT devices is their ability to access and use data collected from other similar devices. Much of this data does not have to be personal; This means that it must not identify a natural person in isolation or with other data. An example of this may be the air quality index of an air purifier connected to other household appliances. Current Indian laws (as shown below) regulate personal data but do not mention non-personal data at all. There is uncertainty about who “owns” this non-personal data and how it can be used in an IoT ecosystem. Vikram Jeet Singh Partner[email protected]BTG Legal, New Delhi Current Indian laws are not designed to adapt to an IoT service framework.

For example, liability under Indian Consumer Protection Laws for defective/unsafe goods and services, unfair trading practices and misleading advertising may be imposed on the retailer, manufacturer, assembler and/or any other person who has marked products manufactured by another person. However, IoT systems are characterized by cooperation and interoperability, which can blur the determination of liability (for example, it is not possible to trace a defect to faulty hardware, software or data in all cases). When a particular service requires the combined participation of different IoTs from different service providers, determining the owner of the data often becomes a point of conflict. In the coming period, the number of such situations will inevitably increase, and the country must be prepared to regulate these conditions with predetermined provisions. The focus is on the human rights whose data is stored, participating IoT service providers and their agreements. A sophisticated approach is given to help in the absence of contracts or in case of breach of agreements. The conditions of co-ownership are also defined so that all parties concerned can benefit from the data. All of these technologies use a basic set of programming and design that sets them apart from other technologies and forms a separate connection from the devices that perform various functions that enable these Internet of Things (IoT) devices to perform their tasks. The legal recognition and protection of these programs and designs is important for reasons such as: The “thing” in IoT applies to multiple entities. Over time, new bodies will become part of the IoT to make people`s lives more relaxed and comfortable. It is the responsibility of nations around the world to give IoT the place it deserves in countries` legal frameworks.

IoT is changing technology. Part of the IoT could be managed by enforcing existing laws. However, given its ever-changing nature, the need for a specific law is real. LawSikho has created a telegram group for the exchange of legal knowledge, recommendations and various possibilities. You can click on this link and register: In India, the Information Technology Act 2000 (ITA) and the Reasonable Practices and Procedures and Sensitive Personal Data or Information Rules 2011 have established the provisions governing the privacy of individuals. Section 43A of the Information Technology Act provides for liability for damage to an organization that holds a person`s personal data in its computer resources and, due to its negligence, the person`s personal data is wrongly disclosed to another party. Conduct would be considered negligent if the entity concerned does not implement and maintain appropriate safety practices and procedures. Internet of Things (IoT) and Copyright: Copyright is legal proof of ownership, a public notice to declare your ownership of the work, as well as a constructive notice to take legal action in case of infringement.

Under the Copyright Act 1957 and the Copyright Rules 2013, instructions expressed in words, codes, diagrams, machine-readable media or any other form that allows the system to perform a specific task or achieve a specific result may be recorded. If the copyright is properly registered for any of the above things, they cannot be used by third parties without the prior consent of the copyright holder. Companies like Tesla and BMW are the leading manufacturers of IoT-based cars with amazing features such as self-driving cars that optimize operations themselves. Currently, anti-accident functions in vehicles are being developed. 1. When data is transferred within the device network, regulation in India has always lagged behind technological innovation, and IoT is no exception.