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CS Professional · Artificial Intelligence, Data Analytics and Cyber Security - Laws and Practice · Data Analytics and Law

A government-authorised officer, exercising powers under the IT Act, 2000, gains access to a company's electronic records during an inquiry and, without the consent of the person concerned, discloses them to a rival firm. Which statement is correct under Section 72?

The officer is liable under Section 72 to a penalty that may extend to five lakh rupees, because he accessed records under powers given by the Act and disclosed them without the concerned person's consent. Section 84 protects only good-faith acts, and Section 72 does not require proof of wrongful gain.

  1. AHe is protected by Section 84 as every act done under the Act is in good faith
  2. BHe is liable to penalty which may extend to five lakh rupees, save as otherwise provided in the Act or any other lawCorrect
  3. CHe is liable to imprisonment up to three years under Section 72 only if the records contain images
  4. DNo liability arises unless the company proves wrongful gain

Explanation

Section 72 penalises a person who secured access under powers conferred by the Act and discloses the material to another without the consent of the person concerned; the penalty may extend to five lakh rupees. Section 84 protects only acts done in good faith, and deliberate disclosure to a rival is not that. Proof of wrongful gain is not required.

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