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The Rule 5 of Information Technology Rules, Mystery revealed


Introduction 

Employees are considered the assets of a company. They work day in day out to maintain the position of the company. For the employees who contribute so much to the company, it becomes the responsibility of the company to provide safety to them so that they travel home safely. In this blog we are going to discuss about the privacy regulation which is extremely useful for employees who travel alone in cab. 

Safety through Apps ( Advanced Technology) 

Technology has reached to an advanced level and has widened in those areas also where it is highly required for safety reasons. Many apps have been designed to provide safety and protection to passengers who travel alone in cab. 
What they need to do is, just download the app and through the app, they get to know the details of the driver and the authenticity of his license. They are required to provide their correct details so that no harm is caused to the passenger in any sense. 

Safety and the Law 

The personal information of the driver is collected in order to ensure safety of the passengers. Such type of information is termed in law as sensitive personal data. Such type of data stands protected under Rule 5 of Information Technology Rules, 2002 
It states that :- 
1) Body corporate or any person on its behalf shall obtain consent in writing through fax or letter or email from the provider of the sensitive personal data or information regarding purpose of usage before collection of such information. 
2) Body corporate or any person on its behalf shall not collect sensitive personal data or information unless - a) the information is collected for a lawful purpose connected with a function or activity of body corporate and b) the collection of the sensitive personal data or information is considered necessary for that purpose. 

Relevant Case Law 

This case law is the most relevant example where it is required for the safety of the passenger, it would connect to the permit holder through the aggregator 
Satish N v State of Karnataka (2016)
WRIT PETITION No. 30917/2016
In this case, certain rules were drafted which were needed to be followed by the aggregators in order to ensure safety of the passengers
It was held by the Karnataka High Court that this merely claims to facilitate and to connect a passenger to the driver of a taxi. The emphasis was basically to connect a passenger through a technology platform in order to ensure his / her safety. In case, the driver violates a permit condition laid down by aggregator, he may face liability of having his /her permit cancelled or suspended. 

Conclusion 
As companies give remuneration to their employees, so their safety is also a matter of prime concern. As advanced technology is used to make our life easier and smoother, so this technology can also be devised to ensure safety while traveling alone in cab. 
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