The Centre has put a law against issues of data protection and issued in public to ensure protection of health data that makes any breach results punishment up to five years imprisonment and Rs 5-lakh fine. A serious breach of this data is said to have occurred when the breach is intentional, or repeated or its security not ensured as per the standards in the Act or if it is used for commercial gains.
The draft Digital Information in Healthcare Security Act (DISHA) states that any health data including physical, physiological and mental health condition, sexual orientation, medical records and history and biometric information are the property of the person who it pertains to.
Any person or company who infiltrate the digital health data, as per the draft Act, is punishable and indeed to pay compensation to the person whose data has been leaked.
The draft DISHA, for which the Health Ministry has invited comments by April 21, lays down: “Any person who done a serious breach of healthcare data shall be punished with imprisonment, which shall extend from three years and up to five years; or fine, which shall not be less than Rs 5 Lakh. Provided that, any fine imposed as part of sub-section (2) may be provided to the individual whose data is breached, by the Court, as it deems fit as compensation.”
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