A company in Nainital leaked my personal data including Aadhaar and phone number in a breach. What is my remedy?
RO Asked by Rohit Deshmukh from India
Quick Answer
File a complaint with the cyber crime police station in Nainital under Section 43A of the IT Act, 2000 (read with the SPDI Rules, 2011) for failure to implement reasonable security practices.
Detailed Legal Analysis
File a complaint with the cyber crime police station in Nainital under Section 43A of the IT Act, 2000 (read with the SPDI Rules, 2011) for failure to implement reasonable security practices. Section 66 of the IT Act applies if the breach involved unauthorised access.
The company can be held liable to compensate under Section 43A for negligence in protecting sensitive personal data. You may also approach the Adjudicating Officer under the IT Act for damages up to ₹5 crore, or Uttarakhand High Court under Article 226 for higher claims.
Preserve breach notifications and correspondence as evidence under Section 63B BSA, 2023. Once the Digital Personal Data Protection Act, 2023 is fully notified, additional penalties and compensation apply.
Check Uttarakhand Rent Control Act 2011 for any state data protection or grievance mechanism.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.