IMC India - INDIAN BPO: VICTIM OF MISINFORMATION

INDIAN BPO: VICTIM OF MISINFORMATION
By Geeta Narula, Advocate , High Court Delhi 25/06/2005 At 09:29

The paper discusses way in which the Indian BPO industry is being projected by the western media after the alleagtion of data theft revelation the Sun Tabloid UK.

This particular BPO theft episode is unnecessarily being dragged to the wrong direction. Even before the completion of the initial inquiry into the matter the whole Indian BPO sector is being projected to the world as an organized sector of economic crime and a threat to the global business.

I see this particular episode as a victim of over reaction by every section of society.Without going through the details of the case some part of the media, particularly western media starting naming it as an blot on the BPO business and started even warning companies to reconsider their decision of transferring BPO works to India.

Similarly, issues relating to the adequacy of Data Protection laws in India are being misinterpreted in this regard. Cyber experts like Mr. Praveen Dalal have been writing and stressing for long that India has sufficient Data Protection laws and problem is not of the their inadequacy but of their proper implement ion.

The law concerning “Data Protection”.

The laws, till now, governing the protection of “Data Property” can be found in the Copyright Act, 1957 and the Information Technology Act, 2000. The Copyright Act is the most important law, which is providing the most effective and strongest protection to “Data Property”. The Copyright Act, 1957 protects “databases” as “literary works” under section 2(o) of the Copyright Act.It is supplemented by the Information Technology Act that is taking care of ‘Data stored in electronic form”(1). Similarly, adequate provisions are there under the TRIP'S agreement to protect the databases.

Hence, The basic information and public awareness about their existence in India is missing and the same is required to be provided as soon as possible.

Regards,
Geeta Narula
Advocate , High Court Delhi

(1)

http://perry4law.blogspot.com/2005/06/insuring-data-property_111831618809117833.html

ALSO SEE :

http://geetanarula.blogspot.com/2005/06/golden-path-of-trips.html

http://perry4law.blogspot.com/2005/06/sound-bpo-platform_08.html

Email:: advocategeeta@yahoo.com / advocategeeta@rediffmail.com
URL:: http://geetanarula.blogspot.com

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Comments

TAKING RESPONSIBILITY SERIOUSLY

A CONCERNED INDIAN 05/07/2005 06:14

The learned author has touched the real issues very elegantly and lucidly. The Indian seems to have swayed from the real issue of “enforcement” and are following blindly the wishes and mandates of foreign clients. It must be appreciates that crime is a universal phenomenon and its perpetuation is not confined to India alone. It is absurd to suggest that India is a “hub” for BPO frauds. If we analyse the records and data of various frauds and crimes, including BPO frauds, then it is clear that India’s share is negligible in that. It is a clear cut “image and goodwill assassination” of India and except NASSCOM and few learned authors like Ms Geeta; none seems to have appreciated this thing.

Lawyers are supposed to build a sound social order and there contribution is indispensable in a welfare country. They must contribute more in the upliftment of downtrodden, disadvantaged and poor members of the public. They are equally responsible to guide and support the almighty “State”. The present work by Ms Geeta is a benign effort in this direction.