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CS Professional · Internal and Forensic Audit · Cyber Forensics

Sahyadri Textiles Ltd, a company, stores customers' bank account details on its own servers. Because the firm skipped basic access controls, a hacker copied the data and several customers lost money. Under the Information Technology Act, 2000, which liability is most directly attracted for the company?

The company is liable to pay compensation to the affected customers under Section 43A. It handled sensitive personal data, was negligent in maintaining reasonable security practices, and that negligence caused wrongful loss. The cyber terrorism, monitoring and CERT-In provisions need different facts that are absent here.

  1. ALiability to pay damages by way of compensation to the affected persons for negligence in maintaining reasonable security practices (Section 43A)Correct
  2. BLife imprisonment for cyber terrorism under Section 66F
  3. CFine on the company for failing to give technical assistance to a monitoring agency under Section 69B
  4. DPenalty for not complying with directions of CERT-In under Section 70B

Explanation

Section 43A applies where a body corporate handling sensitive personal data in a computer resource it owns, controls or operates is negligent in implementing reasonable security practices and thereby causes wrongful loss or gain. The remedy is damages by way of compensation. Section 66F needs intent to threaten national security, and 69B and 70B are not triggered because no agency demand was ignored.

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