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My phone has been hacked. My sister hacked it. Now she has complete access to my data without my consent. Now she blackmails me that she would disclose all my private chats and photos to people I know. Please help me

Vidhikarya · Accepted Answer

Data Theft in Cyber Space  Issues and LawsDoes India have sufficient LawsThe problem of data theft which has emerged as one of the major cyber crimes worldwide has attracted little attention of law makers in India. Unlike U.K which has The Data Protection Act there is no specific legislation in India to tackle this problem though India boasts of its Information Technology Act to address the ever growing menace of cyber crimes including data theft. The truth is that our IT Act 2000 is not well equipped to tackle such crimes. The various provisions of the IT Act which deal with the problem to some extent are briefly discussed below.Section 43This section provides protection against destruction and unauthorized access of the computer system by imposing heavy penalty up to one crore. The unauthorized downloading extraction and copying of data are also covered under this section. Clause C of this section imposes penalty for unauthorized introduction of computer viruses of contaminants. Clause G provides penalties for assisting the unauthorized access.Section 65This section provides for computer source code. If anyone knowingly or intentionally conceals destroys alters or causes another to do as such shall have to suffer imprisonment of up to 3 years or fine up to 2 lakh rupees. Thus protection has been provided against tampering of computer source documents.Section 66Protection against hacking has been provided under this section. As per this section hacking is defined as any act with an intention to cause wrongful loss or damage to any person or with the knowledge that wrongful loss or damage will be caused to any person and information residing in a computer resource must be either destroyed deleted altered or its value and utility get diminished. This section imposes the penalty of imprisonment of up to three years or fine up to two lakh rupees or both on the hacker.Section 70This section provides protection to the data stored in the protected system. Protected systems are those computers computer system or computer network to which the appropriate government by issuing gazette information in the official gazette declared it as a protected system. Any access or attempt to secure access of that system in contravention of the provision of this section will make the person accessed liable for punishment of imprisonment which may extend to ten years and shall also be liable to fine.Section 72This section provides protection against breach of confidentiality and privacy of the data. As per this any person upon whom powers have been conferred under IT Act and allied rules to secure access to any electronic record book register correspondence information document of other material discloses it to any other person shall be punished with imprisonment which may extend to two years or with fine which may extend to one lakh rupees or both.Can Data Theft be covered under IPCSection 378 of the Indian Penal Code defines Theft as followsTheft  Whoever intending to take dishonestly any movable property out of the possession of any person without that persons consent moves that property in order to such taking is said to commit theft.Section 22 of I.P.C. defines movable property as followsThe words movable property are intended to include corporeal property of every description except land and things attached to the earth or permanently fastened to anything which is attached to the earth.Since Section 378 I.P.C. only refers to Movable Property i.e. Corporeal Property and Data by itself is intangible it is not covered under the definition of Theft. However if Data is stored in a medium CD Floppy etc. and such medium is stolen it would be covered under the definition of Theft since the medium is a movable property. But if Data is transmitted electronically i.e. in intangible form it would not specifically constitute theft under the IPC.Data in its intangible form can at best be put at par with electricity. The question whether electricity could be stolen arose before the Honble Supreme Court in the case Avtar Singh vs. State of Punjab AIR 1965 SC. Answering the question the Supreme Court held that electricity is not a movable property hence is not covered under the definition of Theft under Section 378 IPC. However since Section 39 of the Electricity Act extended Section 378 IPC to apply to electricity so it so became specifically covered within the meaning of Theft. It is therefore imperative that a provision like in the Electricity Act be inserted in the IT Act 2000 to extend the application of section 378 IPC to data theft specifically.What do we need and why do we needIt is imperative in todays world that an emerging IT super power like India has a comprehensive legislation to protect its booming IT and BPO Industries worst affected industries against such crimes. Though the IT Act may appear sufficient in this regard but it is not comprehensive enough to tackle the minute technological intricacies involved in such a crime which leaves loopholes in the law and the culprits get away easily. Since this problem is not confined to one nation and has international dimensions India must look forward to be a signatory to any international convention or treaty in this regard. Also it high time that our national police organizations are trained to deal with such crimes.  Please give me Rank 5 if you feel my answer helped you.

Vidhikarya · Answer

Vidhikarya

Vidhikarya · Answer

Go to nearest police station.

Vidhikarya · Answer

Approach to the nearest police station and inform about it to them

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