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

Section 43A defines 'reasonable security practices and procedures' by a sequence of sources. Which sequence correctly reflects the text?

Reasonable security practices are those specified in an agreement between the parties or in any law in force. Where there is neither an agreement nor a law, they are the practices prescribed by the Central Government in consultation with professional bodies or associations it considers fit.

  1. AAs specified in an agreement between the parties or in any law in force; and in the absence of both, as prescribed by the Central Government in consultation with professional bodiesCorrect
  2. BOnly as prescribed by the Central Government, overriding any agreement between the parties
  3. CAlways as decided by the adjudicating officer case by case
  4. DAs specified by the body corporate in its own privacy policy alone

Explanation

The Explanation gives priority to an agreement between the parties or any law for the time being in force. Only if neither exists does the Central Government's prescribed standard apply, after consulting professional bodies. The option making Central Government rules override agreements reverses this order.

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