S. 43A IT Act | Company Preparing List Of Employees Not Vaccinated Against COVID-19 Is Not Circulating Sensitive Personal Data: Madras High Court
Live LawThe Madras High Court has recently observed that a company making a list of employees who have not been vaccinated against Covid-19 is not sharing sensitive personal data and cannot be prosecuted under Section 43 A of the Information Technology Act. “The follow up made by the petitioner company by getting a list of persons, who have not vaccinated, will not tantamount to circulating the sensitive personal data. Such an effort within the petitioner company or any other organization cannot and will not become an offence, per se, under Section 43A of the IT Act,” the court observed. The court was hearing a plea by Bharti Airtel Ltd seeking to quash the proceedings initiated pursuant to a private complaint made by one of its former employees Mr.Kamatci Shankar Arumugam, before the Udumalpet Judicial Magistrate.
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