'43A. Where I body corporate, possessing, dealing or h.andling any sensitive personal data or information in a computer resource which it owns. controls or operates, is negligent in implementing and maintaining reasonable security practices and procedures and Ihereby causes wrongful Ion or wrongful gain to any person, such body corporate shall be liable 10 pay damages by way ofcompensation 10 the person so affected.
Explaflarlofl.-for the purposes of this scction,-
(l) "'body corporale" means any company and includes a firm, sole proprietorship o. other association of individuals engaged In commertial or professionaJ activities;
(iI) "reasonable securily practices and procedures" means security practices and procedures designed 10 protte't such infonna1ion from unauthorised access, damage, usc, modIfication, disclosure or impainnmt, as maybe specified in an agreement be:twc:cn the parties or as may be: specified in any law for the: time being in force and in the absence ofsuch agreement or any law, such reasonable security practices and procedures, as may be prescribed by the Central" Govemmc:m in conSultalion with such professional bodies or associalions as it maydeem frt;
SEC. 1] THE GAZEITE OF INDIA EXTRAORDfNARY 7
(tii) "5ensitive personal data or information" means such personal infonnation as may be prescribed by the Central Government in consultation with such professional bodies or associations as it may deem fit.'.
23. In section 46 of the principal Act,- Amrnllmelll of ~eclion 46.
(Q) in sub-section (1), for the words "direction or order made thereunder", the words "direction or order made thereunder which renders him liable to pay penalty or compensation." shall be substituted;
(b) after sub-section (I), the following sub·seclion shall be inserted, namely: "(/A) The adjudicating officer appointed under sub-section (1) shall exercise jwisdiction to adjudicate matters in \\-llich the claim for injury or damage does not exceed rupees five crore:
Provided that the jurisdiction in respect ofthe claim for injury or damage exceeding rupees five crore shell vest with the competent court.";
(e) in sub-seclion (5), after clause (b), the following clause shall be inserted, namely:- 5 of 1901 "(c) shall be deemed to be a civil court for purposes ofOrder XXI ofthe Civil ProccdureCode, 1908.".
24. In Chapter X of the principal Act, in the heading, the word "R.EoUt.AnONS" shall be omitted.
25. In section 48 ofthe principal Act, in sub-section (1). the word ''Regulations'' shall beomined.