c. In the first case the applicable source of law will be laws of the state of
Washington,
In the second case the applicable source of law will be Utah Code Annotated
§ 70A-2-401(2) and Uniform Commercial Code § 2-401(2)
Q 2:
A. shall publish the rules and regulations, privacy policy and user
agreement for access-or usage of the intermediary's computer resource.
B. shall inform the users of computer resource not to host, display, upload,
modify, publish, transmit, update or share any information that
described in U/s. 3 (2) of the Rule.
C. shall not knowingly host or publish any information or shall not initiate
the transmission, select the receiver of transmission, and select or
modify the information contained in the transmission as specified in sub-
rule 3 (2).
D. shall report cyber security incidents and also share cyber security
incidents related information with the Indian Computer Emergency
Response Team.
F. shall take all reasonable measures to secure its computer resource and
information as prescribed in the Information Technology (Reasonable
security practices and procedures and sensitive personal Information)
Rules, 2011.
G. shall inform its users that in case of non-compliance with rules and
regulations, user agreement and privacy policy, the Intermediary has the
right to immediately terminate the usage rights of the users.
By doing such due diligence Mr. Ahmed shall not be held liable U/s 79 of IT
Act.
Q 3:
Yes.
As the matter is within the purview of s. 69 of the IT Act, Mr. Nihalni may after
examining the request, submit the request with specific recommendations in
writing to Secretary, Department of Information Technology. The Secretary,
Department of Information Technology may issue direction for blocking to such
person or intermediary in control of such computer resource hosting such
information or part thereof.
Q 4:
No.
The Hon’ble Supreme Court in the matter of Shreya Singhal Vs. Union of India
held that the provisions of Information Technology (Intermediary Guidelines)
Rules, 2011 are valid subject the condition that actual knowledge by the
intermediary is received from a court order or on being notified by the
appropriate government or its agency. Notification by third party or affected
party, or the self-acquired knowledge of the intermediary will not be sufficient
to take content down.
Q 5:
As per the aforesaid rule, the Company A should take following measures in
order to collect such Sensitive Personal Data:
b. Shall obtain consent in writing through letter or Fax or email from the
provider of the sensitive personal data or information regarding purpose
of usage before collection of such information.
c.